mcnally argued april decided june together gray also certiorari federal mail fraud statute prohibits use mails execute scheme artifice defraud obtaining money property means false fraudulent pretenses representations promises petitioners gray former kentucky official mcnally private individual along one howard hunt former chairman commonwealth democratic party charged violating devising scheme defraud commonwealth citizens government intangible right commonwealth affairs conducted honestly obtain money means false pretenses concealment material facts informing jury charges district instructed jury defendants alleged scheme made either finding hunt de facto control award commonwealth workmen compensation insurance contract obtained commission payments company awarded contract mailed company owned controlled petitioners without disclosing ownership interest commonwealth officials petitioners aided scheme gray supervisory authority insurance company received payments disclose interest company commonwealth officials mcnally aided abetted jury convicted petitioners appeals affirmed relying line decisions holding proscribes schemes defraud citizens intangible rights honest impartial government held jury charge permitted conviction conduct within reach pp language legislative history demonstrate limited scope protection money property rights extend intangible right citizenry good government argument statutory phrases defraud obtaining money property means false fraudulent pretenses representations promises appear disjunctive construed independently scheme artifice defraud may include scheme designed deprive parties intangible rights persuasive words defraud commonly refer wronging one property rights dishonest methods nothing indicate congress meant depart common understanding enacted present form rather statute amended include second phrase simply make clear reaches false promises misrepresentations future well frauds involving money property pp state officer violate chooses insurance agency provide state insurance specifies agency must share commissions another agency officer ownership interest hence profits commissions charge jury required find commonwealth defrauded money property paid lower premium secured better insurance absence alleged scheme fact commissions hunt gray received commonwealth money jury charged convict must find commonwealth deprived control money spent indeed paid insurance premium agency hunt gray simply asserted control commonwealth might otherwise made payment insurance commissions moreover although government relies part assertion petitioners obtained property means false representations company awarded insurance contract nothing charge required finding pp white delivered opinion rehnquist brennan marshall blackmun powell scalia joined stevens filed dissenting opinion parts ii iii joined post carter phillips argued cause petitioners cases briefs petitioner james shuffett william johnson benjamin heineman frank haddad filed briefs petitioner deputy solicitor general ayer argued cause cases brief solicitor general fried assistant attorney general weld christopher wright sara criscitelli justice white delivered opinion action involves prosecution petitioner gray former public official commonwealth kentucky petitioner mcnally private individual alleged violation federal mail fraud statute prosecution principal theory case accepted courts petitioners participation patronage scheme defrauded citizens government kentucky certain intangible rights right commonwealth affairs conducted honestly must consider whether jury charge permitted conviction conduct within scope mail fraud statute accept sake argument government view evidence follows petitioners third individual howard sonny hunt politically active democratic party commonwealth kentucky democrat julian carroll elected governor kentucky hunt made chairman state democratic party given de facto control selecting insurance agencies commonwealth purchase policies wombwell insurance company lexington kentucky wombwell since acted commonwealth agent securing workmen compensation policy agreed hunt exchange continued agency relationship share resulting commissions excess year insurance agencies specified commissions question paid wombwell large insurance companies secured coverage commonwealth wombwell funneled commissions separate insurance agencies designated hunt among recipients payments seton investments seton company controlled hunt petitioner gray nominally owned operated petitioner mcnally gray served secretary public protection regulation also secretary governor cabinet prior appointment hunt established seton sole purpose sharing commissions distributed wombwell wombwell paid seton money used benefit gray hunt pursuant hunt direction wombwell also made excess commission payments snodgrass insurance agency turn gave money mcnally account foregoing activities hunt charged pleaded guilty mail tax fraud sentenced three years imprisonment petitioners charged one count conspiracy seven counts mail fraud six dismissed trial remaining mail fraud count based mailing commission check wombwell insurance company secured coverage state count alleged petitioners devised scheme defraud citizens government kentucky right commonwealth affairs conducted honestly obtain directly indirectly money things value means false pretenses concealment material facts conspiracy count alleged petitioners conspired violate mail fraud statute scheme described conspired defraud obstructing collection federal taxes informing jury charges indictment district instructed scheme defraud citizens kentucky obtain money false pretenses concealment made either two sets findings hunt de facto control award workmen compensation insurance contract wombwell directed payments commissions contract seton entity ownership interest without disclosing interest persons state government whose actions deliberations affected disclosure petitioners either aided abetted hunt scheme gray either appointed positions supervisory authority regarding commonwealth workmen compensation insurance time seton received commissions gray ownership interest seton disclose interest persons state government whose actions deliberations affected disclosure mcnally aided abetted gray latter finding going mcnally guilt jury convicted petitioners mail fraud conspiracy counts appeals affirmed convictions affirming substantive mail fraud conviction relied line decisions courts appeals holding mail fraud statute proscribes schemes defraud citizens intangible rights honest impartial government see mandel aff relevant part en banc cert denied cases public official owes fiduciary duty public misuse office private gain fraud also individual without formal office may held public fiduciary others rely special relationship government fact makes governmental decisions quoting margiotta cert denied appeals held hunt fiduciary substantially participated governmental affairs exercised significant exclusive control awarding workmen compensation insurance contract wombwell payment monetary seton granted certiorari reverse mail fraud statute clearly protects property rights refer intangible right citizenry good government first enacted part recodification postal laws statute contained general proscription using mails initiate correspondence furtherance scheme artifice defraud sponsor recodification stated apparent reference antifraud provision measures needed prevent frauds mostly gotten large cities thieves forgers rapscallions generally purpose deceiving fleecing innocent people country insofar sparse legislative history reveals anything indicates original impetus behind mail fraud statute protect people schemes deprive money property durland first case construed meaning phrase scheme artifice defraud held phrase interpreted broadly insofar property rights concerned indicate statute extensive reach rejected argument statute reaches cases common law come within definition false pretences order make must misrepresentation existing fact mere promise future instead construed statute includ everything designed defraud representations past present suggestions promises future accordingly defendant use mails sell bonds intend honor within statute explained purpose protecting public intentional efforts despoil prevent post office used carry effect statute passed congress codified holding durland gave indication statute purpose protecting property rights amendment added words obtaining money property means false fraudulent pretenses representations promises original phrase scheme artifice defraud act mar ch stat new language based statement durland statute reaches everything designed defraud representations past present suggestions promises future however instead phrase everything designed defraud congress used words scheme artifice obtaining money property therefore mail fraud statute criminalized schemes artifices defraud obtaining money property means false fraudulent pretenses representation promises two phrases identifying proscribed schemes appear disjunctive arguable construed independently requirement latter phrase limit schemes defraud aimed causing deprivation money property approach taken courts appeals addressed issue schemes defraud include designed deprive individuals people government intangible rights right public officials perform duties honestly see clapps long ago stated however words defraud commonly refer wronging one property rights dishonest methods schemes usually signify deprivation something value trick deceit chicane overreaching hammerschmidt codification holding durland indicate congress departing common understanding see adding second phrase simply made unmistakable statute reached false promises misrepresentations future well frauds involving money property believe congress intent passing mail fraud statute prevent use mails furtherance schemes often stated two rational readings criminal statute one harsher choose harsher congress spoken clear definite language bass universal credit see also rewis said mail fraud case years ago constructive offenses one punished must shown case plainly within statute fasulo rather construe statute manner leaves outer boundaries ambiguous involves federal government setting standards disclosure good government local state officials read limited scope protection property rights congress desires go must speak clearly purposes action assume hunt well gray state officer issue thus whether state officer violates mail fraud statute chooses insurance agent provide insurance state specifies agent must share commissions named insurance agencies one officer ownership interest hence profits agency receives part commissions note action comes us charge jury required find commonwealth defrauded money property charged absence alleged scheme commonwealth paid lower premium secured better insurance hunt gray received part commissions commissions commonwealth money jury charged convict must find commonwealth deprived control money spent indeed premium insurance paid agency hunt gray assert control commonwealth might otherwise made commissions paid insurance company agent although government relies part assertion petitioners obtained property means false representations wombwell brief nothing jury charge required finding hold therefore jury instruction substantive mail fraud count permitted conviction conduct within reach government concedes petitioners substantive mail fraud convictions reversed conspiracy convictions also reversed judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes whoever devised intending devise scheme artifice defraud obtaining money property means false fraudulent pretenses representations promises purpose executing scheme artifice attempting uses mails causes used shall fined imprisoned five years six counts dismissed based mailing seton tax returns appeals held mailings required law made basis liability unless documents false see parr six counts properly dismissed since indictment allege seton tax returns false government sought review holding mail fraud count also alleged petitioners fraudulent scheme purpose defrauding citizens government kentucky right made aware relevant facts selecting insurance agent write commonwealth workmen compensation insurance policy district instruct purpose holding subsumed purpose deny right honest government instruction summarized charges follows count indictment charges part defendants devised scheme artifice defraud citizens commonwealth kentucky governmental departments agencies officials employees right commonwealth business affairs conducted honestly impartially free corruption bias dishonesty deceit official misconduct fraud obtain directly indirectly money things value means false fraudulent pretenses representations promises concealment facts purpose executing aforesaid scheme defendants james gray charles mcnally howard sonny hunt others place cause placed post office authorized deposit mail matter matters things sent delivered postal service take receive cause taken received therefrom matters things knowingly cause delivered thereon place directed delivered person addressed matters things defraud impeding impairing obstructing defeating lawful governmental functions internal revenue service treasury department america ascertainment computation assessment collection federal taxes brief cong globe remarks farnsworth remarks made debate recodification legislation introduced congress representative farnsworth proceeded describe scheme whereby mail used solicit purchase greedy unwary persons counterfeit bills never delivered recodification bill passed congress reintroduced passed congress antifraud section intact act june ch stat prior durland congress amended statute add language expressly reaching schemes period many nature mentioned representative farnsworth see supra dealing pretending deal counterfeit currency names green coin green cigars act mar ch stat addition language appears nothing reconfirmation statute original purpose face disagreement among lower federal courts whether statute broadly narrowly read see rakoff federal mail fraud statute duquesne rev language added removed amendment act june ch stat designed remove surplusage without changing meaning statute see amendments statute technical nature last substantive amendment statute codification holding durland changes relevant new language suggested report commission revise codify criminal penal laws cited durland margin report see doc pt sponsor legislation address significance new language stating cong rec remarks heyburn hammerschmidt concerned scope predecessor makes criminal conspiracy defraud agency thereof manner purpose hammerschmidt indicates regard statute conspire defraud means primarily cheat government property money also means interfere obstruct one lawful governmental functions deceit craft trickery least means dishonest cases held reaches conspiracies directed property interests see haas henkel predecessor reaches conspiracy defraud government bribing government official make advance disclosure cotton crop report glasser predecessor reaches conspiracy defraud bribing attorney however believe broad construction based consideration applicable mail fraud statute curley cited approval haas henkel supra stated quite likely word defraud ordinarily used common law used english statutes statutes enacted object protecting property property rights communities individuals well municipal governments exist largely purpose administering local financial affairs reference frauds relating money property concluded however statute object protection individual property rights members civic body one thing statute object protection welfare government alone exists purpose administering interests public quite another section statute aimed protecting federal government alone however mail fraud statute indicated origin desire protect individual property rights benefit government derives statute must limited government interests property holder justice stevens affirm convictions even though charged requiring wombwell agency share commissions violated state law assume reason assume illegal state law hunt gray one agencies sharing commissions hence profit arrangement whether disclosed others state government worth observing well alleged mail fraud statute violated hunt gray reported state officials fact financial gain violation asserted failure disclose financial interest even state law require persons state government whose actions affected disclosure way indictment charged people kentucky deprived right commonwealth affairs conducted honestly may well congress criminalize using mails state officer efforts profit governmental decisions empowered make supervisory authority even state law proscribing profiteering even state law expressly authorized state law expressly permitted forbid state officer gray ownership interest insurance agency handling state insurance take much clearer indication mail fraud statute evidences convince us concealing interest defrauds state forbidden federal law justice stevens justice joins parts ii iii dissenting congress broadly prohibited use mails carry scheme artifice defraud question presented whether prohibition restricted fraudulent schemes deprive others money property whether also includes fraudulent schemes deprive individuals rights entitled specifically must decide whether statute prohibition embraces secret agreement state officials place state workmen compensation insurance particular agency exchange company agreement share major portion commissions list agents provided officials including sham agencies control officials question statutory construction arisen variety contexts past decades public sector judges state governors chairmen state political parties state cabinet officers city aldermen congressmen many state federal officials convicted defrauding citizens right honest services governmental officials cases officials secretly made governmental decisions objective benefiting promoting interests instead fulfilling legal commitment provide citizens state local government loyal service honest government similarly many elected officials campaign workers convicted mail fraud used mails falsify votes thus defrauding citizenry right honest election private sector purchasing agents brokers union leaders others clear fiduciary duties employers unions found guilty defrauding employers unions accepting kickbacks selling confidential information cases defendants found guilty using mails defraud individuals rights privacy nonmonetary rights cases something common involved refers intangible rights also share something else common many federal courts confronted question whether sorts schemes constitute scheme artifice defraud uniformly consistently read statute sensible way realized nothing words scheme artifice defraud purpose statute justifies limiting application schemes intended deprive victims money property mail fraud statute sets forth three separate prohibitions prohibits use mails purpose executing scheme artifice defraud obtaining money property means false fraudulent pretenses representations promises sell dispose loan exchange alter give away distribute supply furnish procure unlawful use counterfeit spurious coin obligation security article anything represented intimated held counterfeit spurious article emphasis brackets added considering scope mail fraud statute essential remember congress purpose enacting congress sought protect integrity mails allowing used instruments crime brewer see durland parr gouled aff focus statute upon misuse postal service regulation state affairs congress clearly authority regulate misuse mails see badders cert denied purpose considered becomes clear construction adopts today senseless congress sought purge mails schemes defraud citizens money willing tolerate schemes defraud citizens right honest government unbiased public officials rational assume congress wanted ensure mails used petty crimes prohibit election fraud accomplished mailing fictitious ballots given congress broad purpose find difficult believe absent indication statute legislative history congress undercut sharply purpose hobbling federal prosecutors effort combat use mails fraudulent schemes mcelroy limitation adopts today shows fidelity congress words purpose recognizes money property limitation second clause may actually apply prosecutions first clause see ante else limitation derived examples types frauds prosecuted intangible right theory reveal schemes constitute fraud every sense word intangible right theory plays indispensable role effectuating congress goal preserving integrity postal service supra two candidates running office committeeman louis missouri used mails scheme falsify voter registration affidavits order carry extensive fraudulent scheme candidates campaign workers fill affidavits fictitious names addresses making sure mailing addresses accessible campaign applications absentee ballots filed arrived mail filled candidates names mailed back candidates one aides convicted mail fraud devised scheme defraud voters residents board election commissioners appeals affirmed convictions rejecting defendants arguments defrauded anyone since never sought money property explained term defraud must construed purpose statute namely prohibit misuse mails fraudulent enterprises rauhoff defendant part scheme used mail facilitate paying illinois secretary state approximately year return secretary awarding state license plate contract certain company response argument parties scheme reaping profits nobody defrauded appeals explained victims scheme people illinois defrauded right business office secretary state conducted free bribery although proved state citizens lost money clear scheme defraud scores examples schemes although depriving anyone money property clearly schemes defraud clearly within scope congress purpose enacting mail fraud statute see nn supra discussing peculiar facts confirm observation fraud old falsehood versable human ingenuity weiss cert denied taken whole cases prove unwise today judicial amendment mail fraud statute ii cases discussed demonstrate construction courts consistently given statute consistent common understanding term fraud congress intent enacting statute also consistent manner term interpreted analogous federal statute way term interpreted time statute enactment statute scant legislative history reason therefore upset settled sensible construction federal courts consistently endorsed term defraud unique another federal statute uses identical term prohibiting conspiracies defraud construction given statute virtually dispositive haas henkel dealing predecessor rejected argument conspiracy defraud absence contemplated monetary property loss statute broad enough terms include conspiracy purpose impairing obstructing defeating lawful function department government hammerschmidt described scope statute prohibiting conspiracies cheat government property money also means interfere obstruct one lawful governmental functions deceit craft trickery least means dishonest thus clear conspiracy defraud require evidence government suffered property pecuniary loss see also barnow basis concluding term defraud means something different first enacted means first enacted although includes words manner purpose words modify underlying act fraud term include nonproperty interests longstanding interpretation unjustified event includes expansive phrase scheme artifice defraud nonetheless suggests interpreting two statutes differently justified applies exclusively frauds benefits private individuals ante argument wide mark purpose protect integrity postal service explained ludicrous think congress intent preserving integrity postal service used term defraud narrow sense allow mailings whose purpose merely defraud citizens rights money property therefore reason believe congress used term defraud limited way correct pointing congress intended go beyond meaning word defraud enacting see ante citing keitel also rejected argument meaning term defraud confines scope see durland examination way term defraud long defined defined time statute enactment makes clear congress use term showed intent limit statute property loss cf saint francis college looking contemporaneous dictionary definitions construing word race example justice story cites definition fraud applied every artifice made use one person purpose deceiving another cunning deception artifice used circumvent cheat deceive another story equity jurisprudence pp similarly law dictionaries era broadly defined type interests subject deprivation fraudulent action one leading dictionary stated defraud withhold another justly due deprive right deception artifice bouvier law dictionary another dictionary defined defraud cheat deceive deprive right act fraud withhold another justly due deprive right deception artifice anderson dictionary law see also burrill law dictionary fact apparent common law criminalized frauds beyond involving tangible rights example case remarkably similar one us public official convicted depriving government honest services see trial valentine jones tr case abstracted follows stores west indies makes contracts supply stores condition divide profits commits misdemeanor stephen digest criminal law art ed recent decision upholding mail fraud conviction illinois judge despite absence proof anyone suffered loss tangible property appeals seventh circuit reaffirmed broad meaning word defraud holzer writing judge posner explained fraud elementary common law sense deceit one meanings fraud bears statute see dial cir includes deliberate concealment material information setting fiduciary obligation public official fiduciary toward public including case judge litigants appear deliberately conceals material information guilty fraud judge busily soliciting loans counsel one party telling opposing counsel let alone public concealing material information violation fiduciary obligations second systematic receipt bribes public official coupled active efforts conceal public authorities fraud elementary sense deceit quite possibly senses well even public rather counsel kept dark irrelevant far appears holzer never ruled differently case lawyer willingness unwillingness make loan conduct caused demonstrable loss either litigant public large see keane cir lovett cir manton cir anyone prove judge ruled bribed even historical evidence limited definition fraud holding reflect strange interpretation legislation enacted congress century statutes like sherman act civil rights legislation mail fraud statute written broad general language understanding courts wide latitude construing achieve remedial purposes congress identified wide open spaces statutes appropriately interpreted implicit delegations authority courts fill gaps tradition adjudication notion meaning words scheme artifice defraud frozen special conception term recognized congress manifestly untenable judge posner put argument depends view meaning fraud statute frozen conception fraud held framers statute first passed back nineteenth century seems us opposite equally untenable extreme arguing fraud whatever strikes judge bad event intangible rights concept argument attacks well established courts appeals us disturb holzer reviewing general history congress reactions courts decisions interpreting mail fraud statute also supports reading lower courts attributed general language mail fraud statute repeatedly construed cover novel species fraud congress repeatedly amended statute ways support broad interpretation basic thrust long history accurately summarized following observations first enacted mail fraud statute together lineal descendant wire fraud statute characterized first line defense virtually every new area fraud develop past century applications numerous catalog cover full range consumer frauds stock frauds land frauds bank frauds insurance frauds commodity stock frauds extended even areas blackmail counterfeiting election fraud bribery many areas legislatures sometimes slow enact specific prohibitory legislation mail fraud statute frequently represented sole instrument justice wielded practitioners deceit past century congress repeatedly placed stamps approval expansive use mail fraud statute indeed five legislative revisions statute served enlarge coverage rakoff federal mail fraud statute duquesne rev iii support crabbed construction act makes straightforward unpersuasive argument since explicit unambiguous evidence congress actually contemplated intangible rights enacted mail fraud statute explains ambiguity meaning criminal statute resolved favor lenity doctrine lenity course sound citizen entitled fair notice sort conduct may give rise punishment reliance doctrine case misplaced several reasons begin although criminal statutes construed strictly mean every criminal statute must given narrowest possible meaning complete disregard purpose legislature mcelroy quoting bramblett especially light statutory purpose believe unambiguously prohibits schemes defraud use mails whether involve money property event asserted ambiguity meaning word defraud ever existed removed judicial construction long ago even chief justice taft opinion hammerschmidt case sufficient make perfectly clear fraud public need deprive tangible property series appeals opinions applying statute schemes defraud state citizens intangible right honest faithful government notwithstanding absence evidence tangible loss removed relevant ambiguity statute surely petitioners knew unlawful place kentucky insurance coverage agent secretly make hundreds thousands dollars available private use petitioners relatives paramours indeed strange application doctrine lenity recognize may overly expansive applications past guidance courts appeals struggled define conduct clearly unethical also criminal instances however voting fraud cases criminality scheme fraudulent use mails clearer sometimes difficult define scheme defraud someone intangible rights also sometimes difficult decide tangible loss caused fraud fact exercise judgment sometimes difficult excuse rejecting entire doctrine sound faithful intent congress iv perhaps distressing aspect action today casual almost summary rejection accumulated wisdom many distinguished federal judges thoughtfully considered correctly answered question cases present quality work suspect stands alone virtually tide opinions issued state federal courts cases convinced judges correctly understood intent congress enacted statute even persuaded join rejection longstanding consistent interpretation federal statute see commissioner internal revenue fink stevens dissenting citicorp industrial credit brock stevens dissenting runyon mccrary stevens concurring long run clear grave ramifications today decision congress course negate amending statute even without congressional action prosecutions corrupt officials use mails schemes may continue since frequently possible prove loss money property many types fraudulent use mail immune prosecution possibilities decision impact mitigated moderate conviction made serious mistake erase lingering questions particularly receptive rights criminal defendants recent years acted dramatically protect elite class powerful individuals benefit decision respectfully dissent see holzer county judge silvano city budget director barber state alcoholic beverage control commissioner cert denied margiotta party leader cert denied diggs app congressman cert denied mandel governor maryland cert denied brown city building commissioner bush city director public relations cert denied keane city alderman cert denied staszcuk city alderman cert denied isaacs illinois illinois department revenue cert denied classic supp ed la election commissioner private defendants also convicted devising schemes public servants defraud public see lovett bribing mayor alexander bribing judge overruled grounds ginsburg en banc rauhoff bribing state secretary state faser supp ed la scheme bribe state officials shushan cert denied fifth circuit upheld mail fraud prosecution member louisiana parish levy board receiving kickbacks underwriters plan refund outstanding bonds levy district explaining rejected argument actual fraud occurred refunding operation actually profitable levy board stated trustee sacred duties public official scheme obtain advantage corrupting one must federal law considered scheme defraud see girdner candidate state legislature odom sheriff clapps party chairman cert denied candidates city office cert denied see price cert pending sub nom mcmahan boffa curry chairman political action committee bronston attorney cert denied von barta securities trader cert denied bohonus insurance manager cert denied bryza purchasing agent cert denied george purchasing agent cert denied procter gamble supp mass attempt bribe competitor employee see condolon wire fraud conviction related bogus talent agency designed seduce women louderman scheme fraudulently obtain confidential personal information cert denied see also castor fraudulent information application liquor license cert denied see clapps supra supra frankel scott cert denied margiotta supra halbert classic supp ed la see also ante conspire defraud means primarily cheat government property money also means interfere obstruct one lawful governmental functions deceit craft trickery least means dishonest necessary government shall subjected property pecuniary loss fraud legitimate official action purpose shall defeated misrepresentation chicane overreaching charged carrying governmental intention hammerschmidt extraordinary support presents narrow definition language hammerschmidt see ante even though hammerschmidt goes expressly reject notion fraud limited interference monetary property rights prohibition employing device scheme artifice defraud connection transactions national securities exchange similarly require proof specific individuals suffered tangible losses see sec texas gulf sulphur cert denied sub nom coates sec terms language broad enough reach person engaged fraudulent scheme chiarella burger dissenting see also myzel fields cert denied brod perlow although surely cases commentaries found describe fraud limited manner none brought attention reject broader interpretations cited course doubt term defraud includes money property interests cases referring interests conflict understanding statute considering much weight accord doctrine lenity appropriate identify class litigants benefit ruling today uneducated even average citizens sophisticated practitioners art government among us element fiction presumption every citizen charged responsibility know law array government executives judges legislators accused convicted mail fraud construction statute renounces today people unquestionably knew conduct unlawful cf nash person paid salary loyal services breach loyalty appear carry loss money employer getting paid additionally agent receives anything result violation duty loyalty principal subject liability deliver value proceeds principal restatement second agency duty may fulfill money property requirement kickback schemes course fact scheme may may violate state law determine whether within proscriptions federal statute edwards cert denied sub nom huie see margiotta mandel brown bush mail fraud statute provision rely state enactments force cf defining unlawful activity reference state law lack state statute forbidding underlying conduct immunize defendant prosecution uses mails part scheme