What is the test for intent to defraud?
MultiRegion, United States of America
The following excerpt is from Seizure of All Funds in Accounts in Names Registry Pub. Inc., In re, 68 F.3d 577 (2nd Cir. 1995):
An essential element of mail fraud, and the element that is in dispute here, is intent to defraud. See United States v. D'Amato, 39 F.3d 1249, 1256-57 (2d Cir.1994). In order to establish that the defendant acted with an intent to defraud, the government "must show that some actual harm or injury was contemplated by the schemer." Id. at 1257 (internal quotations omitted).
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