The following excerpt is from United States v. Miller, 953 F.3d 1095 (9th Cir. 2020):
We review de novo whether a trial courts jury instructions correctly stated the elements of a crime, United States v. Anguiano -Morfin , 713 F.3d 1208, 1209 (9th Cir. 2013), and we have no trouble concluding that this instruction was erroneous. Like the mail fraud statute from which it is derived, the wire fraud statute, in plain and simple language, criminalizes the use of interstate wires to further, not mere deception, but a scheme or artifice to defraud or obtain money or property, i.e., in every day parlance, to cheat someone out of something valuable. It follows that to be guilty of wire fraud, a defendant must act with the intent not only to make false statements or utilize other forms of deception, but also to deprive a victim of money or property by means of those deceptions. In other words, a defendant must intend to deceive and cheat.
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