This section contains the nature of the case and procedural background.

Bridgeforth (D) was in prison when he concocted a phony loan brokerage scheme. D advertised that he could arrange loans in return for a flat fee of $275 plus a 9% commission. The service fee would be refunded if the loan was obtained. D accepted several deposits from customers and then closed the business without any loans funding. D was charged under the state antifraud law. D offered an instruction that, for a conviction, he had to be found to have intended to commit a fraud. The trial court rejected the instruction. D was convicted, and he appealed. The court of appeals affirmed. D appealed. The statute read: 'any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises, or material omission is guilty...'.

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