4
Opinion of the Court
the judgment, post, p. 25. Scalia, J., filed an opinion concurring in part and dissenting in part, in which Souter and Ginsburg, JJ., joined, post, p. 30.
Javier H. Rubinstein argued the cause for petitioner. With him on the briefs were Gary S. Feinerman and Noel G. Lawrence.
Roy W. McLeese III argued the cause for the United States. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, and Deputy Solicitor General Dreeben.*
Chief Justice Rehnquist delivered the opinion of the Court.
Petitioner was tried on charges of violating a number of federal criminal statutes penalizing fraud. It is agreed that the District Court erred in refusing to submit the issue of materiality to the jury with respect to those charges involving tax fraud. See United States v. Gaudin, 515 U. S. 506 (1995). We hold that the harmless-error rule of Chapman v. California, 386 U. S. 18 (1967), applies to this error. We also hold that materiality is an element of the federal mail fraud, wire fraud, and bank fraud statutes under which petitioner was also charged.
I
In the mid-1980's, petitioner Ellis E. Neder, Jr., an attorney and real estate developer in Jacksonville, Florida, engaged in a number of real estate transactions financed by fraudulently obtained bank loans. Between 1984 and 1986, Neder purchased 12 parcels of land using shell corporations set up by his attorneys and then immediately resold the land at much higher prices to limited partnerships that he con*Briefs of amici curiae urging reversal were filed for the American Council of Life Insurance et al. by James F. Fitzpatrick and Nancy L. Perkins; and for the National Association of Criminal Defense Lawyers by Roger W. Yoerges and Lisa Kemler.
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