What is a scheme to defraud?

The statutory concept describes a systematic, ongoing course of conduct with intent to defraud one or more persons, or to obtain property by false or fraudulent pretenses, representations, or promises.

Two words carry it: systematic and ongoing. A single misrepresentation generally isn't a scheme. What the State has to show is a pattern.

That's the primary line of defense in most of these cases. A business that failed, a person who overpromised, or a series of separate transactions that went badly are not automatically a scheme, and the State bears the burden of establishing the systematic quality rather than assuming it from the outcome.

Intent at the outset is the other battleground. A venture entered in good faith that later collapsed is different from one begun with intent to defraud, and the evidence distinguishing them is usually documentary — early records, communications, and whether money was used as represented.

These cases are document-heavy, and defense work is largely reconstruction.