The following excerpt is from United States v. Johnson, 939 F.3d 82 (2nd Cir. 2019):
sufficient proof of fraudulent intent exists by considering whether the defendant's deception "affect[ed] the very nature of the bargain" between the defendant and the victim. United States v. Starr, 816 F.2d 94, 98 (2d Cir. 1987) ; see Binday, 804 F.3d at 56970, 575 (looking to whether the deception went to "an essential element of the bargain" to determine whether the defendant "contemplated harm" cognizable under the statute (quotation marks omitted)).
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