18 U.S.C. § 1343 · A outline

A · Element outline

Labels preserve the recorded AND / OR / EXCEPTION / DEFENSE structure.

Claim structure

Expression key: & = AND; | = OR; ! = exclusion / negation. Parentheses preserve grouping.

18usc1343:property-fraud

scheme & property & materiality & intent & wire & furtherance & interstate

Core property-fraud offense; all elements require proof beyond a reasonable doubt. Section 1346 honest-services fraud is a separate cross-referenced theory, not a way to label every intangible interest property. Penalty enhancements and ancillary liability are outside this core catalogue.

Constraints

Identify sufficient domestic conduct when a cross-border scheme is alleged

Second Circuit domestic-application holding in a civil RICO case; do not replace ordinary furtherance with this core-component formulation in every domestic prosecution.

Law modes, protocols and effects

law

Law kind: substantive

Statute text with element anchors

Overlapping highlights link to the first element; the anchor key links every associated element. All offsets refer to unchanged source text.

§1343. Fraud by wire, radio, or television Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. (Added July 16, 1952, ch. 879, §18(a), 66 Stat. 722 ; amended July 11, 1956, ch. 561, 70 Stat. 523 ; Pub. L. 101–73, title IX, §961(j), Aug. 9, 1989, 103 Stat. 500 ; Pub. L. 101–647, title XXV, §2504(i), Nov. 29, 1990, 104 Stat. 4861 ; Pub. L. 103–322, title XXXIII, §330016(1)(H), Sept. 13, 1994, 108 Stat. 2147 ; Pub. L. 107–204, title IX, §903(b), July 30, 2002, 116 Stat. 805 ; Pub. L. 110–179, §3, Jan. 7, 2008, 121 Stat. 2557 .)

All element anchor links

Knowing participation with intent to defraud — offsets [52:89]
Separate section 1346 theory; outside property-fraud claim — offsets [94:123]
Scheme or artifice to defraud — offsets [94:123]
Traditional money or property as an object — offsets [142:159]
Material deception — offsets [172:231]
Transmission or causation by wire, radio, television — offsets [233:323]
Interstate or foreign transmission — offsets [324:357]
Transmission or causation by wire, radio, television — offsets [359:408]
Wire transmission for execution of scheme — offsets [409:461]

Element outline

AND Scheme or artifice to defraud

A fraudulent plan, including a deliberately false promise, is required; an unsuccessful scheme can qualify. Do not convert a mere breach of contract into fraudulent intent.

9 merits instance blocks; 9 distinct cases

Curated routes and observed case patterns
Route	Definition	Merits instance blocks	Distinct merits cases	Examples (up to 3 cases per count group)
Unclassified route provisional; 4 observed cases	no definition yet	0 Satisfied 0; not satisfied 0; excluded context 4	0	Used only in non-merits blocks (4). Excluded context examples: United States v. Jefferson — 562 F. Supp. 2d 719 (2008) · United States District Court for the Eastern District of Virginia · 2008 — not reached · basis not recorded (18usc1343: author: Fable · not independently reviewed) · applied/merits · not counted Pattern: not recorded United States v. Evans — 844 F.2d 36 (1988) · United States Court of Appeals for the Second Circuit · 1988 — not reached · basis not recorded (18usc1343: author: Fable · not independently reviewed) · applied/merits · not counted Pattern: not recorded United States v. Brumley — 59 F.3d 517 (1995) · United States Court of Appeals for the Fifth Circuit · 1995 — not reached · basis not recorded (18usc1343: author: Fable · not independently reviewed) · applied/merits · not counted Pattern: not recorded
_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.	1 Satisfied 1; not satisfied 0; excluded context 0	1	Fleetwood Servs., LLC v. Complete Bus. Solutions Grp., Inc. — 374 F. Supp. 3d 361 (2019) · United States District Court for the Eastern District of Pennsylvania · 2019 — satisfied · pleaded (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted Pattern: lender misrepresents enforceability of a usurious merchant-cash-advance "factoring" agreement; Rule 9(b) who-to-whom-and-what satisfied
_whole accepted; 3 observed cases	The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element.	1 Satisfied 1; not satisfied 0; excluded context 2	1	United States v. Feldman — 931 F.3d 1245 (2019) · United States Court of Appeals for the Eleventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted Pattern: nightclub charges patrons' credit cards for drinks not ordered and runs cards to the limit; lies about number and kind of drinks Excluded context examples: New England Data Services, Inc. v. Becher — 829 F.2d 286 (1987) · United States Court of Appeals for the First Circuit · 1987 — satisfied · pleaded (18usc1343: author: Fable · not independently reviewed) · background/procedural · not counted Pattern: fraudulent-transfer/sham-stock-sale-and-security-interest-to-defeat-judgment-creditor United States v. Baker — 923 F.3d 390 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 — satisfied · conceded (18usc1343: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · applied/lower-court · not counted Pattern: investor-deception/channel-stuffing-to-inflate-reported-revenue
concealment-or-omission provisional; provisional (1 case)	Whether concealment or non-disclosure, without an affirmative false statement, is a scheme to defraud.	1 Satisfied 1; not satisfied 0; excluded context 1	1	Pasquantino v. United States — 544 U.S. 349 (2005) · Supreme Court of the United States · 2005 — satisfied · proved (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: concealment-as-misrepresentation/undeclared-goods-smuggled-past-customs Excluded context examples: Pasquantino v. United States — 544 U.S. 349 (2005) · Supreme Court of the United States · 2005 — not · law (18usc1343: author: Fable · not independently reviewed) · applied/dissent · not counted Pattern: concealment-as-misrepresentation/undeclared-goods-smuggled-past-customs
false-promise provisional; 0 observed cases	A promise made as part of a fraudulent plan; later nonperformance alone does not establish fraud.	0 Satisfied 0; not satisfied 0; excluded context 0	0	Never used: no annotation uses in this snapshot
fraudulent-inducement provisional; 5 observed cases	Whether false representations made to induce a transaction constitute a scheme to defraud.	5 Satisfied 5; not satisfied 0; excluded context 0	5	United States v. Hasson — 333 F.3d 1264 (2003) · United States Court of Appeals for the Eleventh Circuit · 2003 — satisfied · proved (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: misdescribed-goods-backed-by-sham-independent-verification United States v. Corrigan — 912 F.3d 422 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted Pattern: CEO solicits further stock purchases by falsely claiming funds are needed for employee health-insurance premiums, has them wired to his personal account and spends them personally United States v. Boliaux — 915 F.3d 493 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted Pattern: duplicate car titles and forged lien releases used to obtain multiple floorplan loans against the same vehicles; defence that it was only breach of contract rejected
inchoate provisional; provisional (1 case)	Whether a scheme that could not succeed is still a scheme to defraud.	1 Satisfied 1; not satisfied 0; excluded context 0	1	United States v. Sancho — 957 F. Supp. 39 (1997) · United States District Court for the Southern District of New York · 1997 — satisfied · proved (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: inchoate-scheme/factually-impossible-sting

AND Traditional money or property as an object

Judicial construction of the statutory property/object requirement: the property target must be an object of the scheme, not merely an incidental expense of exercising regulatory power. Traditional intangible property can qualify; intangible regulatory interests and a free-standing right to control economic decisions cannot. Kousisis preserves Ciminelli and Kelly while rejecting a net-economic-loss requirement.

5 merits instance blocks; 4 distinct cases

Curated routes and observed case patterns
Route	Definition	Merits instance blocks	Distinct merits cases	Examples (up to 3 cases per count group)
Unclassified route provisional; provisional (1 case)	no definition yet	0 Satisfied 0; not satisfied 0; excluded context 1	0	Used only in non-merits blocks (1). Excluded context examples: United States v. Hasson — 333 F.3d 1264 (2003) · United States Court of Appeals for the Eleventh Circuit · 2003 — not reached · basis not recorded (18usc1343: author: Fable · not independently reviewed) · applied/merits · not counted Pattern: not recorded
money-or-entitlement provisional; 2 observed cases	Whether money paid, or money legally due to the victim, is the property object of the scheme, regardless of net loss.	2 Satisfied 2; not satisfied 0; excluded context 1	2	Pasquantino v. United States — 544 U.S. 349 (2005) · Supreme Court of the United States · 2005 — satisfied · proved (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: entitlement-to-money/foreign-government-excise-tax-evaded-by-smuggling Kousisis v. United States — 605 U.S. 114 (2025) · Supreme Court of the United States · 2025 — satisfied · proved (18usc1343: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · applied/merits · counted Pattern: money-as-object/public-contract-payments-for-fully-performed-work Excluded context examples: Kousisis v. United States — 605 U.S. 114 (2025) · Supreme Court of the United States · 2025 — not reached · basis not recorded (18usc1343: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · rule-announced/merits · not counted Pattern: money-or-property-object/no-net-economic-loss-required
regulatory-interest provisional; provisional (1 case)	Whether the thing sought is "property" in the victim's hands or only the government's regulatory interest (Cleveland, Kelly).	2 Satisfied 0; not satisfied 2; excluded context 0	1	United States v. Evans — 844 F.2d 36 (1988) · United States Court of Appeals for the Second Circuit · 1988 — not · law (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: government-veto-over-resale-of-goods-it-does-not-own United States v. Evans — 844 F.2d 36 (1988) · United States Court of Appeals for the Second Circuit · 1988 — not · pleaded (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: victim-property-interest/deceived-government-owns-neither-goods-nor-money
right-to-control provisional; provisional (1 case)	Whether depriving the victim of information or control over its assets is a property deprivation.	1 Satisfied 1; not satisfied 0; excluded context 0	1	United States v. Lebedev — 932 F.3d 40 (2019) · United States Court of Appeals for the Second Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted Pattern: card-issuing banks deprived of merchant-identity information relevant to fraud and regulatory risk
victim-deprivation provisional; provisional (1 case)	Whether the property must be obtained from, or lost by, the person deceived.	0 Satisfied 0; not satisfied 0; excluded context 2	0	Used only in non-merits blocks (2). Excluded context examples: United States v. Baker — 923 F.3d 390 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 — satisfied · proved (18usc1343: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · applied/lower-court · not counted Pattern: deprivation-of-victim/investors-induced-to-buy-or-hold-stock-by-false-company-statements United States v. Baker — 923 F.3d 390 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 — not reached · basis not recorded (18usc1343: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · rule-announced/merits · not counted Pattern: deprivation-of-victim/no-need-to-obtain-property-directly-from-victim

AND Material deception

Judge-made incorporation of common-law fraud, not an express word in this statute. Kousisis leaves unresolved the parties' competing formulations of the materiality standard; it does not adopt an essence-of-the-bargain test as an additional universal element.

3 merits instance blocks; 3 distinct cases

Curated routes and observed case patterns
Route	Definition	Merits instance blocks	Distinct merits cases	Examples (up to 3 cases per count group)
Unclassified route provisional; provisional (1 case)	no definition yet	0 Satisfied 0; not satisfied 0; excluded context 1	0	Used only in non-merits blocks (1). Excluded context examples: United States v. Baker — 923 F.3d 390 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 — not reached · basis not recorded (18usc1343: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · applied/merits · not counted Pattern: not recorded
_whole accepted; 3 observed cases	The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element.	3 Satisfied 3; not satisfied 0; excluded context 0	3	United States v. Hasson — 333 F.3d 1264 (2003) · United States Court of Appeals for the Eleventh Circuit · 2003 — satisfied · proved (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: objective-characteristics/grade-weight-authenticity-and-provenance-of-goods-misstated United States v. Corrigan — 912 F.3d 422 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted Pattern: false purpose-of-funds statements capable of influencing investors although stock value and investment risk were not misstated Kousisis v. United States — 605 U.S. 114 (2025) · Supreme Court of the United States · 2025 — satisfied · conceded (18usc1343: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · applied/merits · counted Pattern: uncontested/contract-condition-labelled-material-breach

AND Knowing participation with intent to defraud

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.

2 merits instance blocks; 2 distinct cases

Curated routes and observed case patterns
Route	Definition	Merits instance blocks	Distinct merits cases	Examples (up to 3 cases per count group)
Unclassified route provisional; 2 observed cases	no definition yet	0 Satisfied 0; not satisfied 0; excluded context 2	0	Used only in non-merits blocks (2). Excluded context examples: United States v. Hasson — 333 F.3d 1264 (2003) · United States Court of Appeals for the Eleventh Circuit · 2003 — not reached · basis not recorded (18usc1343: author: Fable · not independently reviewed) · applied/merits · not counted Pattern: not recorded Kousisis v. United States — 605 U.S. 114 (2025) · Supreme Court of the United States · 2025 — not reached · basis not recorded (18usc1343: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · applied/merits · not counted Pattern: not recorded
_procedural accepted; provisional (1 case)	The element is only the occasion for a procedural ruling.	0 Satisfied 0; not satisfied 0; excluded context 1	0	Used only in non-merits blocks (1). Excluded context examples: United States v. Baker — 923 F.3d 390 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 — not reached · basis not recorded (18usc1343: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · rule-announced/merits · not counted Pattern: reckless-indifference/instruction-approved-on-plain-error-review
_whole accepted; provisional (1 case)	The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element.	0 Satisfied 0; not satisfied 0; excluded context 1	0	Used only in non-merits blocks (1). Excluded context examples: United States v. Baker — 923 F.3d 390 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 — not reached · basis not recorded (18usc1343: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · background/merits · not counted Pattern: vicarious-liability/executive-directed-scheme-and-approved-cover-statements
contemplated-harm provisional; provisional (1 case)	Whether the defendant contemplated harm to the victim.	1 Satisfied 1; not satisfied 0; excluded context 0	1	United States v. Sancho — 957 F. Supp. 39 (1997) · United States District Court for the Southern District of New York · 1997 — satisfied · proved (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: bribe-to-supposed-insider-concealed-from-victim
inferred-from-conduct provisional; provisional (1 case)	Whether intent to defraud is inferred from the defendant's course of conduct and knowledge of the practice.	1 Satisfied 1; not satisfied 0; excluded context 0	1	United States v. Feldman — 931 F.3d 1245 (2019) · United States Court of Appeals for the Eleventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted Pattern: investor-manager's awareness of routine overcharging, shown by cooperating ringleader's testimony

AND Transmission or causation by wire, radio, television

The defendant need not personally send the transmission. Boliaux affirmed a conviction where control of the dealership and payment system made the charged transmissions foreseeable; its quoted analysis is the district court reasoning expressly adopted on appeal. This is judicial construction of the statutory causation alternative. Foreseeability of wire use is distinct from proof that the charged transmission actually crossed state or national boundaries and furthered the scheme.

5 merits instance blocks; 5 distinct cases

Curated routes and observed 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. Jefferson — 562 F. Supp. 2d 719 (2008) · United States District Court for the Eastern District of Virginia · 2008 — not reached · basis not recorded (18usc1343: author: Fable · not independently reviewed) · applied/merits · not counted Pattern: not recorded United States v. Sancho — 957 F. Supp. 39 (1997) · United States District Court for the Southern District of New York · 1997 — not reached · basis not recorded (18usc1343: author: Fable · not independently reviewed) · applied/merits · not counted Pattern: not recorded United States v. Baker — 923 F.3d 390 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 — not reached · basis not recorded (18usc1343: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · applied/merits · not counted Pattern: not recorded
_pleading accepted; 2 observed cases	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.	1 Satisfied 1; not satisfied 0; excluded context 1	1	Fleetwood Servs., LLC v. Complete Bus. Solutions Grp., Inc. — 374 F. Supp. 3d 361 (2019) · United States District Court for the Eastern District of Pennsylvania · 2019 — satisfied · pleaded (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted Pattern: January 2017 emails and daily ACH debits from borrower's Texas bank accounts Excluded context examples: New England Data Services, Inc. v. Becher — 829 F.2d 286 (1987) · United States Court of Appeals for the First Circuit · 1987 — not · pleaded (18usc1343: author: Fable · not independently reviewed) · background/procedural · not counted Pattern: rule-9b-particularity/use-of-wires-alleged-on-information-and-belief
_whole accepted; provisional (1 case)	The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element.	1 Satisfied 1; not satisfied 0; excluded context 0	1	Pasquantino v. United States — 544 U.S. 349 (2005) · Supreme Court of the United States · 2005 — satisfied · conceded (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: telephone-orders/interstate-calls-to-buy-goods-for-smuggling
foreseeable-causation provisional; 3 observed cases	Whether the defendant caused an interstate wire because its use was reasonably foreseeable.	2 Satisfied 2; not satisfied 0; excluded context 1	2	United States v. Hasson — 333 F.3d 1264 (2003) · United States Court of Appeals for the Eleventh Circuit · 2003 — satisfied · proved (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: victim-payment-wired-from-out-of-state-bank United States v. Boliaux — 915 F.3d 493 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted Pattern: defendant did not personally transmit; supervised the dealership and its payment-processing system through which customer payments were wired Excluded context examples: United States v. Brumley — 59 F.3d 517 (1995) · United States Court of Appeals for the Fifth Circuit · 1995 — not · no-evidence (18usc1343: author: Fable · not independently reviewed) · applied/superseded · not counted Pattern: intrastate-money-transfer-routed-through-out-of-state-computer
proof-of-transmission provisional; provisional (1 case)	How the fact of the charged interstate wire transmission is proved.	1 Satisfied 0; not satisfied 1; excluded context 0	1	United States v. Buncich — 926 F.3d 361 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — not · no-evidence (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted Pattern: no trial evidence of the charged payroll funds transfers; government agrees on appeal

AND Wire transmission for execution of scheme

The wire act must further the fraudulent scheme; proof of a scheme cannot substitute for proof of the charged transmission. Buncich was an honest-services prosecution: its transmission/furtherance holding applies to the common communication requirement, not as a substitute for the property-fraud claim's separate property and materiality conjuncts.

4 merits instance blocks; 3 distinct cases

Curated routes and observed 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: New England Data Services, Inc. v. Becher — 829 F.2d 286 (1987) · United States Court of Appeals for the First Circuit · 1987 — not reached · basis not recorded (18usc1343: author: Fable · not independently reviewed) · background/merits · not counted Pattern: not recorded United States v. Brumley — 59 F.3d 517 (1995) · United States Court of Appeals for the Fifth Circuit · 1995 — not reached · basis not recorded (18usc1343: author: Fable · not independently reviewed) · applied/merits · not counted Pattern: not recorded United States v. Baker — 923 F.3d 390 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 — not reached · basis not recorded (18usc1343: author: Fable · historical QA: FIX (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · applied/merits · not counted Pattern: not recorded
_whole accepted; provisional (1 case)	The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element.	1 Satisfied 1; not satisfied 0; excluded context 0	1	United States v. Jefferson — 562 F. Supp. 2d 719 (2008) · United States District Court for the Eastern District of Virginia · 2008 — satisfied · pleaded (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: indictment-tracks-statute/wire-specifics-not-examined
after-fruition provisional; provisional (1 case)	Whether a communication sent after the schemer obtained the object still furthers the scheme.	1 Satisfied 1; not satisfied 0; excluded context 0	1	United States v. Sancho — 957 F. Supp. 39 (1997) · United States District Court for the Southern District of New York · 1997 — satisfied · proved (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: after-objective-obtained/call-arranging-payoff-and-concealment
essential-step provisional; provisional (1 case)	Whether the wire was a step in obtaining the object, such as the payment for the fraudulently induced transaction.	2 Satisfied 2; not satisfied 0; excluded context 0	1	United States v. Hasson — 333 F.3d 1264 (2003) · United States Court of Appeals for the Eleventh Circuit · 2003 — satisfied · proved (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: payment-for-induced-sale/item-with-misstated-physical-characteristics United States v. Hasson — 333 F.3d 1264 (2003) · United States Court of Appeals for the Eleventh Circuit · 2003 — satisfied · proved (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: payment-for-induced-sale/genuine-item-bought-on-false-resale-story

AND Interstate or foreign transmission

The charged transmission must satisfy the jurisdictional requirement. Identify evidence of interstate routing, not simply the presence of a computer or telephone.

1 merits instance blocks; 1 distinct cases

Curated routes and observed case patterns
Route	Definition	Merits instance blocks	Distinct merits cases	Examples (up to 3 cases per count group)
Unclassified route provisional; 6 observed cases	no definition yet	0 Satisfied 0; not satisfied 0; excluded context 6	0	Used only in non-merits blocks (6). Excluded context examples: United States v. Jefferson — 562 F. Supp. 2d 719 (2008) · United States District Court for the Eastern District of Virginia · 2008 — not reached · basis not recorded (18usc1343: author: Fable · not independently reviewed) · applied/merits · not counted Pattern: not recorded United States v. Sancho — 957 F. Supp. 39 (1997) · United States District Court for the Southern District of New York · 1997 — not reached · basis not recorded (18usc1343: author: Fable · not independently reviewed) · applied/merits · not counted Pattern: not recorded New England Data Services, Inc. v. Becher — 829 F.2d 286 (1987) · United States Court of Appeals for the First Circuit · 1987 — not reached · basis not recorded (18usc1343: author: Fable · not independently reviewed) · background/merits · not counted Pattern: not recorded
_whole accepted; provisional (1 case)	The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element.	1 Satisfied 1; not satisfied 0; excluded context 0	1	United States v. Boliaux — 915 F.3d 493 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted Pattern: payments from an Illinois dealership routed through Pennsylvania or Ohio

AND Separate section 1346 theory; outside property-fraud claim

Section 1346 supplies the intangible-right theory. Do not combine its different target with the property element above. Its bribery/kickback and fiduciary-duty limits require separate analysis; this boundary node is not a complete honest-services claim.

4 merits instance blocks; 3 distinct cases

Curated routes and observed case patterns
Route	Definition	Merits instance blocks	Distinct merits cases	Examples (up to 3 cases per count group)
Unclassified route provisional; provisional (1 case)	no definition yet	0 Satisfied 0; not satisfied 0; excluded context 1	0	Used only in non-merits blocks (1). Excluded context examples: United States v. Brumley — 59 F.3d 517 (1995) · United States Court of Appeals for the Fifth Circuit · 1995 — not reached · basis not recorded (18usc1343: author: Fable · not independently reviewed) · applied/merits · not counted Pattern: not recorded
bribery-or-kickback provisional; 2 observed cases	Whether the conduct is a bribe or kickback, the core of honest-services fraud (Skilling).	2 Satisfied 2; not satisfied 0; excluded context 0	2	United States v. Jefferson — 562 F. Supp. 2d 719 (2008) · United States District Court for the Eastern District of Virginia · 2008 — satisfied · pleaded (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: public-official-bribery/legislator-paid-to-promote-private-ventures-with-agencies United States v. Buncich — 926 F.3d 361 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted Pattern: sheriff's towing assignments exchanged for campaign-fundraiser checks and cash; "only a campaign contribution" defence rejected
fiduciary-duty provisional; provisional (1 case)	Whether the person bribed owed the victim a duty of honest services.	1 Satisfied 1; not satisfied 0; excluded context 0	1	United States v. Sancho — 957 F. Supp. 39 (1997) · United States District Court for the Southern District of New York · 1997 — satisfied · proved (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: believed-agent-of-victim-was-undercover-officer
undisclosed-conflict provisional; provisional (1 case)	Whether undisclosed self-dealing by an official is honest-services fraud.	1 Satisfied 1; not satisfied 0; excluded context 0	1	United States v. Jefferson — 562 F. Supp. 2d 719 (2008) · United States District Court for the Eastern District of Virginia · 2008 — satisfied · pleaded (18usc1343: author: Fable · not independently reviewed) · applied/merits · counted Pattern: undisclosed-conflict-of-interest/official-acts-beyond-own-decision-making-authority