Kalu’s “having devised or intending to devise” a scheme, while the jury was instructed it could find him guilty if he “knowingly participated” in the scheme. Because the Tenth Circuit has construed the phrase “devised or intending to devise” to include knowing participation in a scheme, Mr. Kalu has not shown the district court broadened the charge in the indictment. “[U]nder well-established Tenth Circuit precedent a defendant may be convicted under [§ 1341] if the government shows that the defendant joined a scheme devised by someone else, as long as the defendant possessed the intent to defraud.” Prows, 118 F.3d at 692; see also United States v. Washita Constr. Co., 789 F.2d 809, 817 (10th Cir.1986); Gamble, 737 F.2d at 856; United States v. Gann, 718 F.2d 1502, 1505 (10th Cir.1983) (<HOLDING>). The use of the term “knowingly participated”
holding that a person violates the bank fraud statute when he knowingly executes a scheme to obtain money from a financial institution by means of false or fraudulent representations if a defendant knowingly provided materially false information in order to induce the loan the crime is complete and it is irrelevant whether or not he intended to repay or was capable of repaying it holding a defendant may be convicted of mail fraud if he knowingly and willfully participates in a fraudulent scheme created and set in motion by others holding that a defendant can be held liable when it knowingly participates in the creation of a false or misleading statement recognizing that a mailing must be sufficiently related to the fraudulent scheme to support a charge of mail fraud holding that the first element of mail fraud  knowing participation in a scheme to defraud  can extend beyond the specific mailing and that the loss calculation for a mail fraud conviction may include any loss from the fraudulent scheme that the mailing furthered