What is the test for a fraud under the mail fraud statute?

11 Since the courts have uniformly given this language the same construction in applying both the mail and wire fraud statutes, see, e. g., United States v. Louderman, 576 F.2d 1383, 1387 n.3 (9th Cir.), cert. denied, 439 U.S. 896, 99 S.Ct. 257, 58 L.Ed.2d 243 (1978), we will refer only to the mail fraud statute in the following discussion.

12 An oft-quoted formulation is that found in Gregory v. United States, 253 F.2d 104, 109 (5th Cir. 1958): "The aspect of the scheme to 'defraud' is measured by (a) nontechnical standard. It is a reflection of moral uprightness, of fundamental honesty, fair play and right dealing in the general business life of members of society." Accord, United States v. States, 488 F.2d 761, 764 (8th Cir. 1973), cert. denied, 417 U.S. 909, 94 S.Ct. 2605, 41 L.Ed.2d 212 and 417 U.S. 950, 94 S.Ct. 3078, 41 L.Ed.2d 671 (1974); United States v. Buckner, 108 F.2d 921, 926 (2d Cir.), cert. denied, 309 U.S. 669, 60 S.Ct. 613, 84 L.Ed. 1016 (1940).