- An agreement between two or more persons,
- To commit mail fraud or wire fraud, and
- An overt act committed by one of the conspirators in furtherance of the conspiracy. 18 U.S.C. §371.
- Having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), and
- Use of the mail for the purpose of executing, or attempting to execute, the scheme. 18 U.S.C. §1341