Does a wire that was used as part of a scheme to defraud "as conceived by the perpetrator at the time" satisfy the three elements of the conspiracy?

MultiRegion, United States of America

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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