The following excerpt is from U.S. v. Wiseman, 1993 WL 118176, 991 F.2d 804 (9th Cir. 1993):
The elements of mail fraud are: 1) a plan or scheme reasonably calculated to deceive; 2) the intent to defraud; and 3) the use of the mails to carry out the plan or scheme. United States v. Bonallo, 858 F.2d 1427, 1433 (9th Cir.1988). Viewing the evidence in the light most favorable to the prosecution, a rational juror, with evidence that certain artwork was represented as 'original' as defined in Center Art's promotional literature while in truth it was not, could find the defendants knew they were deceiving clients by selling photomechanical reproductions as originals. The defendants' argument that they had no notice their conduct was illegal also must fail.
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