The following excerpt is from Empire Merchants, LLC v. Reliable Churchill LLLP, 902 F.3d 132 (2nd Cir. 2018):
see Pasquantino v. United States , 544 U.S. 349, 35556, 125 S.Ct. 1766, 161 L.Ed.2d 619 (2005). And any wire that "is part of the execution of the scheme [to defraud] as conceived by the perpetrator at the time" satisfies the third element. Schmuck v. United States, 489 U.S. 705, 715, 109 S.Ct. 1443, 103 L.Ed.2d 734 (1989).
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