What is the test for establishing a scheme to defraud?

An essential element of the government's proof in a mail fraud prosecution or a wire fraud prosecution is proof of a "scheme or artifice to defraud." 18 U.S.C. Secs. 1341, 1343. Critical to a showing of a scheme to defraud is proof that defendants possessed a fraudulent intent. However, the government is not required to prove that an intended victim was actually defrauded to establish a violation by the defendants. Durland v. United States, 161 U.S. 306, 315, 16 S.Ct. 508, 512, 40 L.Ed. 709 (1896); United States v. Andreadis, 366 F.2d 423, 431 (2d Cir.1966). No actual pecuniary injury, therefore, need result to the victim of the fraud.