NYSentencing

§ 190.65 Scheme to defraud in the first degree.
  1.  A person is guilty of a scheme to defraud in the first degree when
he or she: (a) engages in a scheme  constituting  a  systematic  ongoing
course  of  conduct  with  intent  to  defraud ten or more persons or to
obtain property  from  ten  or  more  persons  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or  more  of  such  persons;  or  (b) engages in a scheme constituting a
systematic ongoing course of conduct with intent to  defraud  more  than
one  person  or to obtain property from more than one person by false or
fraudulent  pretenses,  representations  or  promises,  and  so  obtains
property with a value in excess of one thousand dollars from one or more
such  persons;  or  (c)  engages  in  a scheme constituting a systematic
ongoing course of conduct with intent to defraud more than  one  person,
more  than  one  of  whom  is  a vulnerable elderly person as defined in
subdivision three of  section  260.30  of  this  chapter  or  to  obtain
property  from  more  than  one  person,  more  than  one  of  whom is a
vulnerable elderly person as defined in  subdivision  three  of  section
260.30   of   this   chapter,   by   false   or   fraudulent  pretenses,
representations or promises, and so obtains property from  one  or  more
such persons.
  2.  In  any  prosecution  under this section, it shall be necessary to
prove the identity of at least one person from  whom  the  defendant  so
obtained  property,  but it shall not be necessary to prove the identity
of any other intended victim, provided that  in  any  prosecution  under
paragraph  (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person  as
defined in subdivision three of section 260.30 of this chapter.
  Scheme to defraud in the first degree is a class E felony.
with Argument