Whether a wire transfer merely distributing funds amongst alleged accomplices is 'for the purpose of executing' a fraudulent scheme, as contemplated by 18 U.S.C. § 1343

QUESTION PRESENTED The wire fraud statute—18 U.S.C. § 1343—criminalizes the use of a wire “for the purpose of executing” a scheme to defraud. This Court has interpreted the contours of the phrase “for the purpose of executing” a number of times in the distant past, and its intervention is once again required today. The Eleventh Circuit has interpreted the phrase in a manner that untethers it from the other elements of wire fraud, sanctioning the use of the wire fraud statute for a wire transaction made to distribute funds amongst alleged coconspirators, even after the alleged scheme to defraud has come to fruition. Such an expansion of the reach of the wire fraud statute is inconsistent with the statute’s express language, this Court’s prior cases applying the statute’s requirement that wires be “for the purpose of executing” a fraudulent scheme, and decisions out of the Eighth, Ninth, and Tenth Circuit Courts of Appeal. The question presented is: 1. Whether a wire transfer merely distributing funds amongst alleged accomplices is “for the purpose of executing” a fraudulent scheme, as contemplated by 18 U.S.C. § 1343. i