AND · 18usc1341:intent
Judicial construction of the scheme language requires fraudulent intent, distinct from negligence or contract breach. A deliberate material deception aimed at obtaining the victim's property suffices without intent to leave the victim economically worse off. Earlier intent-to-harm formulations must be read subject to Kousisis.
Exact element source
having devised or intending to deviseSource:
docroot/ir/usc/title18.jsonl#title18_sec1341; Unicode character offsets [36:73] (end exclusive); SHA-256 74b1f92847676f0dece4359c6b22244b8e760d8e46a597847855747fcd542511.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (up to 3 cases per count group) |
|---|---|---|---|---|
| Unclassified route provisional; 3 observed cases | no definition yet | 0 Satisfied 0; not satisfied 0; excluded context 3 | 0 | Used only in non-merits blocks (3). Excluded context examples:United States v. Granberry — 725 F. Supp. 446 (1989) · United States District Court for the Eastern District of Missouri · 1989 — not reached · basis not recorded (18usc1341: author: Fable · not independently reviewed) · applied/merits · not counted United States v. Chung Lo — 231 F.3d 471 (2000) · United States Court of Appeals for the Ninth Circuit · 2000 — not reached · basis not recorded (18usc1341: author: Fable · not independently reviewed) · applied/merits · not counted United States v. Henry — 29 F.3d 112 (1994) · United States Court of Appeals for the Third Circuit · 1994 — not reached · basis not recorded (18usc1341: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · background/merits · not counted |
| _pleading accepted; provisional (1 case) | The element fails or survives purely on generic pleading sufficiency (conclusory allegations, group pleading, Rule 9(b) particularity), without the court reaching any substantive sub-question. | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | Used only in non-merits blocks (1). Excluded context examples:Southern Snow Manufacturing Co. v. SnoWizard Holdings, Inc. — 912 F. Supp. 2d 404 (2012) · United States District Court for the Eastern District of Louisiana · 2012 — not · pleaded (18usc1341: author: Fable · not independently reviewed) · background/merits · not counted |
| breach-versus-fraud provisional; provisional (1 case) | Whether failure to perform a promise shows intent to defraud when it was made, or only a breach of contract. | 1 Satisfied 0; not satisfied 1; excluded context 0 | 1 | United States v. Hagen — 917 F.3d 668 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 — not · no-evidence (18usc1341: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted |
| inferred-from-conduct provisional; 4 observed cases | Whether intent to defraud is inferred from the defendant's course of conduct. | 3 Satisfied 3; not satisfied 0; excluded context 1 | 3 | Lustiger v. United States — 386 F.2d 132 (1967) · United States Court of Appeals for the Ninth Circuit · 1967 — satisfied · proved (18usc1341: author: Fable · not independently reviewed) · applied/merits · counted United States v. Hagen — 917 F.3d 668 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 — satisfied · proved (18usc1341: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted United States v. Runner — 143 F.4th 146 (2025) · United States Court of Appeals for the Second Circuit · 2025 — satisfied · proved (18usc1341: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted United States v. Boone — 628 F.3d 927 (2010) · United States Court of Appeals for the Seventh Circuit · 2010 — not reached · basis not recorded (18usc1341: author: Fable · not independently reviewed) · rule-announced/procedural · not counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| Southern Snow Manufacturing Co. v. SnoWizard Holdings, Inc. — 912 F. Supp. 2d 404 (2012) · United States District Court for the Eastern District of Louisiana · 2012 — not · pleaded (18usc1341: author: Fable · not independently reviewed) | Knowing participation with intent to defraud | not Excluded from merits counts background / merits basis: pleaded; theory: displaying a lapsed third-party safety certification (ETL) on machines; Rule 9(b) particularity; subject: theory=displaying a lapsed third-party safety certification (ETL) on machines; Rule 9(b) particularity Dismissed in one conclusory sentence: lapse in 2010 plus stickers still on machines in 2011 does not plead fraudulent intent with Rule 9(b) particularity. The court does not say what is missing (the defendants had argued no allegation that stickered machines were made after the lapse). | particularity/lapsed-safety-certification-sticker-still-displayed | In 2010, SnoWizard’s ice-shaving machine allegedly fell out of compliance with ETL and its certification lapsed. However, as of August 5, 2011, Plaintiffs maintain that SnoWizard ice-shaving machines still displayed stickers indicating ETL certification.Source: docroot/ir/caselaw/f_supp_2d_912.jsonl#/f-supp-2d/912/0404-01; Unicode character offsets [13239:13493] (end exclusive); SHA-256 6eaf3112cfa04086c45f52ab5af031aa20d0fa445b4daf174c56aeda76084995.Therefore, both RICO mail fraud and wire fraud “require evidence of intent to defraud, i.e., evidence of a scheme to defraud by false or fraudulent pretenses.”Source: docroot/ir/caselaw/f_supp_2d_912.jsonl#/f-supp-2d/912/0404-01; Unicode character offsets [34755:34914] (end exclusive); SHA-256 6eaf3112cfa04086c45f52ab5af031aa20d0fa445b4daf174c56aeda76084995.The Fifth Circuit requires that the allegations of fraud be plead with particularity, including “the who, what, when, where, and how.”Source: docroot/ir/caselaw/f_supp_2d_912.jsonl#/f-supp-2d/912/0404-01; Unicode character offsets [40257:40391] (end exclusive); SHA-256 6eaf3112cfa04086c45f52ab5af031aa20d0fa445b4daf174c56aeda76084995.These allegations are insufficient to plead the requisite “evidence of intent to defraud” with the particularity required to state a claim for RICO mail or wire fraud.Source: docroot/ir/caselaw/f_supp_2d_912.jsonl#/f-supp-2d/912/0404-01; Unicode character offsets [40701:40868] (end exclusive); SHA-256 6eaf3112cfa04086c45f52ab5af031aa20d0fa445b4daf174c56aeda76084995. |
| United States v. Granberry — 725 F. Supp. 446 (1989) · United States District Court for the Eastern District of Missouri · 1989 — not reached (18usc1341: author: Fable · not independently reviewed) | Knowing participation with intent to defraud | not_reached Excluded from merits counts applied / merits | Unspecified route | No source quotation recorded for this block. |
| Lustiger v. United States — 386 F.2d 132 (1967) · United States Court of Appeals for the Ninth Circuit · 1967 — satisfied · proved (18usc1341: author: Fable · not independently reviewed) | Knowing participation with intent to defraud | satisfied Counted merits instance applied / merits basis: proved Intent inferred from the number and pattern of misleading statements; money-back and exchange guarantees are evidence of good faith but did not compel acquittal where they were time-limited or conditional and defrauded buyers were unlikely to use them. The price mark-up line is context the court recites, not something it expressly relied on for intent. | inferred-from-pattern-of-deception/refund-and-exchange-policy-offered-as-good-faith | Under the refund policy, if for any reason a customer changed his mind or was not completely satisfied within thirty days, his money was returned without question.Source: docroot/ir/caselaw/f2d_386.jsonl#/f2d/386/0132-01; Unicode character offsets [4390:4553] (end exclusive); SHA-256 984d9591aa1d590044854cc6ba2d3627f236458be86a3fceb9b89b65a6836448.Under the exchange policy, customers who had purchased lots in the ten units within which the company had not installed roads, staked lots, or provided parcel identification markers, could trade for property in the “improved” building area.Source: docroot/ir/caselaw/f2d_386.jsonl#/f2d/386/0132-01; Unicode character offsets [3910:4150] (end exclusive); SHA-256 984d9591aa1d590044854cc6ba2d3627f236458be86a3fceb9b89b65a6836448.Here the exchange policy was conditioned on building within a certain period of time, and the refund policy was limited to thirty days.Source: docroot/ir/caselaw/f2d_386.jsonl#/f2d/386/0132-01; Unicode character offsets [17767:17902] (end exclusive); SHA-256 984d9591aa1d590044854cc6ba2d3627f236458be86a3fceb9b89b65a6836448.Land which cost Lustiger from $33.20 to $125 an acre was in this way sold in one and a quarter acre parcels for from $395 to $495.Source: docroot/ir/caselaw/f2d_386.jsonl#/f2d/386/0132-01; Unicode character offsets [3508:3638] (end exclusive); SHA-256 984d9591aa1d590044854cc6ba2d3627f236458be86a3fceb9b89b65a6836448.As long as a sufficient number of the statements were shown to be knowingly false, deceptive or misleading to permit the trial court to infer that defendant intentionally engaged in a scheme to defraud, the conviction must be affirmed.Source: docroot/ir/caselaw/f2d_386.jsonl#/f2d/386/0132-01; Unicode character offsets [7996:8231] (end exclusive); SHA-256 984d9591aa1d590044854cc6ba2d3627f236458be86a3fceb9b89b65a6836448.While such policies may be evidence of good faith, they do not necessarily negate a finding of bad faith.Source: docroot/ir/caselaw/f2d_386.jsonl#/f2d/386/0132-01; Unicode character offsets [17603:17708] (end exclusive); SHA-256 984d9591aa1d590044854cc6ba2d3627f236458be86a3fceb9b89b65a6836448.Lustiger also argues that his refund and exchange policies negate any finding of fraudulent intent. We disagree.Source: docroot/ir/caselaw/f2d_386.jsonl#/f2d/386/0132-01; Unicode character offsets [17490:17602] (end exclusive); SHA-256 984d9591aa1d590044854cc6ba2d3627f236458be86a3fceb9b89b65a6836448. |
| United States v. Chung Lo — 231 F.3d 471 (2000) · United States Court of Appeals for the Ninth Circuit · 2000 — not reached (18usc1341: author: Fable · not independently reviewed) | Knowing participation with intent to defraud | not_reached Excluded from merits counts applied / merits | Unspecified route | No source quotation recorded for this block. |
| United States v. Henry — 29 F.3d 112 (1994) · United States Court of Appeals for the Third Circuit · 1994 — not reached (18usc1341: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) | Knowing participation with intent to defraud | not_reached Excluded from merits counts background / merits | Unspecified route | No source quotation recorded for this block. |
| United States v. Boone — 628 F.3d 927 (2010) · United States Court of Appeals for the Seventh Circuit · 2010 — not reached (18usc1341: author: Fable · not independently reviewed) | Knowing participation with intent to defraud | not_reached Excluded from merits counts rule-announced / procedural claim: with 18 U.S.C. 1346 (honest services); party: Boone (housing coordinator; not the central schemer); theory: admissibility of others' open shakedowns to show the defendant's knowledge (ostrich instruction given); subject: party=Boone (housing coordinator; not the central schemer); theory=admissibility of others' open shakedowns to show the defendant's knowledge (ostrich instruction given) Relevance ruling only: the court holds the evidence admissible on knowledge/intent (and says it would also qualify under Rule 404(b)); it does not review whether intent was sufficiently proved. The jury found intent; the conscious-avoidance instruction is quoted but not challenged. | inferred-knowledge/open-and-blatant-practice-in-defendants-office | In that capacity, one of Boone’s jobs was to issue the aforementioned letters of support for the alderman, and those letters bore his name as the contact person should the recipients have any concerns, and also bore both his and Troutman’s initials.Source: docroot/ir/caselaw/f3d_628.jsonl#/f3d/628/0927-01; Unicode character offsets [12750:12999] (end exclusive); SHA-256 9979d619f66f35ce9494693ba57345ffa2273253514097f142ccfe8a224836b8.That evidence again established that the requests for money were not made in a secretive manner, but rather that such business was openly conducted in the presence of others in the office, and that such requests were made in the first or second contacts with the victims seeking the letters of support.Source: docroot/ir/caselaw/f3d_628.jsonl#/f3d/628/0927-01; Unicode character offsets [28894:29196] (end exclusive); SHA-256 9979d619f66f35ce9494693ba57345ffa2273253514097f142ccfe8a224836b8.She did not identify Boone as one of the individuals that she remembered at that meeting.Source: docroot/ir/caselaw/f3d_628.jsonl#/f3d/628/0927-01; Unicode character offsets [7928:8017] (end exclusive); SHA-256 9979d619f66f35ce9494693ba57345ffa2273253514097f142ccfe8a224836b8.Therefore, the government could prove knowledge by demonstrating that Boone must have known of the scheme to defraud.Source: docroot/ir/caselaw/f3d_628.jsonl#/f3d/628/0927-01; Unicode character offsets [27067:27184] (end exclusive); SHA-256 9979d619f66f35ce9494693ba57345ffa2273253514097f142ccfe8a224836b8.In order to prove mail fraud, the government was required to establish: (1) that Boone participated in a scheme to defraud; (2) that he did so knowingly and with the intent to defraud; and (3) that Boone used or caused the use of the mails in furtherance of the scheme.Source: docroot/ir/caselaw/f3d_628.jsonl#/f3d/628/0927-01; Unicode character offsets [17995:18264] (end exclusive); SHA-256 9979d619f66f35ce9494693ba57345ffa2273253514097f142ccfe8a224836b8.Accordingly, evidence of the blatant and open nature of the requests for payments, and of the large number of individuals in the office who were participants in the scheme, was relevant to demonstrate that Boone must have known of the scheme.Source: docroot/ir/caselaw/f3d_628.jsonl#/f3d/628/0927-01; Unicode character offsets [27709:27951] (end exclusive); SHA-256 9979d619f66f35ce9494693ba57345ffa2273253514097f142ccfe8a224836b8. |
| United States v. Hagen — 917 F.3d 668 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 — not · no-evidence (18usc1341: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Knowing participation with intent to defraud | not Counted merits instance applied / merits basis: no-evidence; party: Keith Hagen; count: Count 5, mail fraud: grazing contract mailed to Robert Kriz, April 2013; subject: party=Keith Hagen; count=Count 5, mail fraud: grazing contract mailed to Robert Kriz, April 2013 Jury conviction reversed for insufficiency: intent is measured when the contract was mailed; non-performance and no refund did not show a plan not to perform. The court speaks of "a scheme to defraud or ... specific intent" together; recorded under intent. | advance payment taken for grazing later not provided, where leased land sufficed for this customer's herd and performance was later offered | When the time came to bring the cattle to pasture a month later, Hagen said he did not have the land to graze the cattle or the money to refund the Krizes.Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [12707:12862] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967.The trial evidence established that Hagen had enough land to graze Kriz's 50 cow-calf pairs for the 2013 grazing season, well within the default BIA ratio of 91.26 pairs for the land HBCC leased that season.Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [13376:13583] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967.The letter Hagen sent in August offered to belatedly fulfill his end of the deal by grazing Kriz's cattle for the rest of the season.Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [13584:13717] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967.The government failed to prove he had no intent or no ability to carry out that offer.Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [13718:13804] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967.Each offense requires proof of intent to defraud, proof that the defendant willfully participated in a scheme with knowledge of its fraudulent nature and the intent to achieve illicit objectives.Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [5405:5600] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967.Thus, the evidence did not establish either a scheme to defraud or Hagen's specific intent to defraud Robert Kriz when the grazing contract was mailed in April 2013.Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [13805:13970] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967. |
| United States v. Hagen — 917 F.3d 668 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 — satisfied · proved (18usc1341: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Knowing participation with intent to defraud | satisfied Counted merits instance applied / merits basis: proved; party: Keith Hagen; count: Count 8, mail fraud: Robert Berg's mailed $35,000 check, May 2014; subject: party=Keith Hagen; count=Count 8, mail fraud: Robert Berg's mailed $35,000 check, May 2014 Sufficiency upheld on the mail count (and the paired wire Count 4). The pending BIA appeal is the only fact Hagen offered for an honest expectation of more land; the court held it could not have been decided before the season. | contracting to graze 100 pairs on 40 leased acres, repeating the assurance of sufficient land to obtain a second advance payment, then going silent | At this time, HBCC had leased only 40 acres of pasture, which could support 6.67 cow-calf pairs under the BIA default ratio.Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [17053:17177] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967.In response, Hagen repeatedly called the Bergs, assuring them he had enough leased land but insisting on full payment up front.Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [17553:17680] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967.The Bergs grazed no cattle on HBCC pasture and never received a refund.Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [17905:17976] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967.Moreover, Holy Bull testified that she and Hagen knew the land could not support the cattle they agreed to graze but took the money anyway.Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [18703:18842] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967.However, in June 2014, Hagen had only administratively appealed the BIA's decisions to lease HBCC only 40 acres that season.Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [19051:19175] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967.As this was a victim who suffered tangible loss, "the scheme itself ... serve[d] as evidence of [Hagen's] intent to defraud."Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [18550:18675] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967.Based on this evidence, the jury reasonably found that Hagen had the intent to defraud Robert Berg.Source: docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [17977:18076] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967. |
| United States v. Runner — 143 F.4th 146 (2025) · United States Court of Appeals for the Second Circuit · 2025 — satisfied · proved (18usc1341: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Knowing participation with intent to defraud | satisfied Counted merits instance applied / merits basis: proved; party: Patrice Runner; count: the eight mail fraud counts of conviction (of twelve charged; acquitted on four); subject: party=Patrice Runner; count=the eight mail fraud counts of conviction (of twelve charged; acquitted on four) Sufficiency upheld; the jury instructions on intent were also upheld (any inaccuracy only raised the government's burden). | advertising goods and services the seller never planned to deliver; intent to harm beyond intent to deceive and obtain money not required after Kousisis | In reality, the crystals were purchased from PartyMart (a bulk goods store) and came from China.Source: docroot/ir/caselaw/f4th_143.jsonl#/f4th/143/146; Unicode character offsets [10233:10329] (end exclusive); SHA-256 21fd65e23cb26bfd8dd04bb2c3c024b1d035709f3309d0b90f65bca9c7025acc.But after the customer paid $45 and DMC had received the “precious parchments,” no one at DMC did anything— not Guerin nor any other psychic.Source: docroot/ir/caselaw/f4th_143.jsonl#/f4th/143/146; Unicode character offsets [33786:33927] (end exclusive); SHA-256 21fd65e23cb26bfd8dd04bb2c3c024b1d035709f3309d0b90f65bca9c7025acc.The jury heard that some were written by copywriters, and many were written by Runner himself.Source: docroot/ir/caselaw/f4th_143.jsonl#/f4th/143/146; Unicode character offsets [35525:35619] (end exclusive); SHA-256 21fd65e23cb26bfd8dd04bb2c3c024b1d035709f3309d0b90f65bca9c7025acc.True, PartyMart itself advertised these rings as “Ring of Re with Genuine Sapphire.”Source: docroot/ir/caselaw/f4th_143.jsonl#/f4th/143/146; Unicode character offsets [29760:29844] (end exclusive); SHA-256 21fd65e23cb26bfd8dd04bb2c3c024b1d035709f3309d0b90f65bca9c7025acc.A jury can find a defendant acted with fraudulent intent if it finds “there exists a discrepancy between benefits reasonably anticipated because of the misleading representations and the actual benefits which the defendant delivered, or intended to deliver.”Source: docroot/ir/caselaw/f4th_143.jsonl#/f4th/143/146; Unicode character offsets [29921:30179] (end exclusive); SHA-256 21fd65e23cb26bfd8dd04bb2c3c024b1d035709f3309d0b90f65bca9c7025acc.But as the Supreme Court clarified in Kousisis, securing a conviction under the mail or wire fraud statutes does not require proof that the scheme intended net economic loss.Source: docroot/ir/caselaw/f4th_143.jsonl#/f4th/143/146; Unicode character offsets [39794:39968] (end exclusive); SHA-256 21fd65e23cb26bfd8dd04bb2c3c024b1d035709f3309d0b90f65bca9c7025acc.The Government introduced sufficient evidence to prove that DMC—led by Runner— advertised goods and services it never planned to deliver, and otherwise intentionally lied to trick customers into paying money.Source: docroot/ir/caselaw/f4th_143.jsonl#/f4th/143/146; Unicode character offsets [28582:28790] (end exclusive); SHA-256 21fd65e23cb26bfd8dd04bb2c3c024b1d035709f3309d0b90f65bca9c7025acc.No more was needed for the jury to find fraudulent intent.Source: docroot/ir/caselaw/f4th_143.jsonl#/f4th/143/146; Unicode character offsets [28791:28849] (end exclusive); SHA-256 21fd65e23cb26bfd8dd04bb2c3c024b1d035709f3309d0b90f65bca9c7025acc. |
Court interpretations
interpretation
The Government introduced sufficient evidence to prove that DMC—led by Runner— advertised goods and services it never planned to deliver, and otherwise intentionally lied to trick customers into paying money. No more was needed for the jury to find fraudulent intent.
United States v. Runner — 143 F.4th 146 (2025) · United States Court of Appeals for the Second Circuit · 2025 (18usc1341: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))
The Government introduced sufficient evidence to prove that DMC—led by Runner— advertised goods and services it never planned to deliver, and otherwise intentionally lied to trick customers into paying money. No more was needed for the jury to find fraudulent intent.Source:
docroot/ir/caselaw/f4th_143.jsonl#/f4th/143/146; Unicode character offsets [28582:28849] (end exclusive); SHA-256 21fd65e23cb26bfd8dd04bb2c3c024b1d035709f3309d0b90f65bca9c7025acc.Judicial construction of the scheme language requires fraudulent intent, distinct from negligence or contract breach. A deliberate material deception aimed at obtaining the victim's property suffices without intent to leave the victim economically worse off. Earlier intent-to-harm formulations must be read subject to Kousisis.
interpretation
Even if Hagen broke a promise to refund $12,000 for the early termination, breach of contract is not fraud, and the cashing of Penner's check in April was not in furtherance of any dispute that arose at the end of the grazing season.
United States v. Hagen — 917 F.3d 668 (2019) · United States Court of Appeals for the Eighth Circuit · 2019 (18usc1341: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))
Even if Hagen broke a promise to refund $12,000 for the early termination, breach of contract is not fraud, and the cashing of Penner's check in April was not in furtherance of any dispute that arose at the end of the grazing season.Source:
docroot/ir/caselaw/f3d_917.jsonl#/f3d/917/0668-01; Unicode character offsets [11661:11894] (end exclusive); SHA-256 f4086637fbe3659b9c3436280b529e9f82158bf57ed3b57d504b7c7f7ebea967.Judicial construction of the scheme language requires fraudulent intent, distinct from negligence or contract breach. A deliberate material deception aimed at obtaining the victim's property suffices without intent to leave the victim economically worse off. Earlier intent-to-harm formulations must be read subject to Kousisis.