Where a scheme and artifice to defraud is shared by two or more, it
becomes a conspiracy to defraud. The essential elements of conspiracy to
commit
mail fraud or wire fraud in violation of 18 U.S.C. § 371, are (1) an
agreement between two or more persons; (2) to commit mail fraud or wire
fraud;
and (3) an overt act committed by one of the conspirators in furtherance of
the
conspiracy. SeeUnited States v. Brumley, 79 F.3d 1430, 1442
(5th
Cir. 1996) (citing United States v. Hatch, 926 F.2d 387, 393 (5th
Cir.),
cert. denied, 500 U.S. 943 (1991)); United States v. Massey,
827
F.2d 995, 1001 (5th Cir. 1987); United States v. Gordon, 780 F.2d
1165,
1170 (5th Cir. 1986)). "Conspiracy to commit a particular substantive
offense
cannot exist without at least the degree of criminal intent necessary for
the
substantive offense." Massey, 827 F.2d at 1001 (quotingIngram
v. United States, 360 U.S. 672, 678 (1959)).
As in any conspiracy, it is sufficient that the defendant knowingly
joined the conspiracy in which wire fraud or mail fraud was a foreseeable
act in
furtherance of the conspiracy. United States v. Leahy, 82 F.3d 624
(5th
Cir. 1996) (citing United States v. Basey, 816 F.2d 980, 997 (5th
Cir.
1987) (holding that once a defendant's knowing participation in a conspiracy
has
been established, "the defendant is deemed guilty of substantive acts
committed
in furtherance of the conspiracy by any of his criminal partners")).