What are the elements of mail fraud and wire fraud?

The elements of mail fraud and wire fraud are essentially identical: the government must show (1) a scheme to defraud, (2) the use of either the mail or wire, radio, or television to further the scheme, and (3) the specific intent to defraud. United States v. Jinian , 725 F.3d 954, 960 (9th Cir. 2013) (wire fraud); United States v. Rogers , 321 F.3d 1226, 1229 (9th Cir. 2003) (mail fraud); see also United States v. Oren , 893 F.2d 1057, 1060 n.1 (9th Cir. 1990) ("The wire fraud statute is in pari materia with the mail fraud statute ... and is therefore given a similar construction"). Conceding the second element of both offenses, Brugnara argues only that the evidence did not establish the requisite scheme or specific intent to defraud.

The first element covers "any scheme to deprive another of money or property by means of false or fraudulent pretenses, representations, or promises." Carpenter v. United States , 484 U.S. 19, 27, 108 S.Ct. 316, 98 L.Ed.2d 275 (1987).

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