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15 <br />(wire fraud)). Elements required to establish a mail or wire fraud claim are: (1) a scheme or <br />artifice to defraud or obtain money or property by mean of false pretenses, representations or <br />promises; (2) a use of the mails or interstate wires for the purpose of executing the scheme; and <br />(3) a specific intent to defraud, either by devising, participating, or abetting in the scheme. See 18 <br />U.S.C. §§ 1341 (mail fraud), 1343 (wire fraud). The heart of a mail or wire fraud offense is the <br />scheme to defraud: any "mailing [or wire communication] ... incident to an essential part of the <br />scheme ... satisfies the mailing [or wire] element." Schmuck v. United States, 489 U.S. 705, 712 <br />(1989) (citation and quotation marks omitted). The elements of a RICO claim predicated on mail <br />and /or wire fraud can be met even if the actual infonnation mailed or communicated by wire <br />"contain[s] no false information." Id. at 715. In addition, we would consider bringing RICO <br />claims against opioid manufacturers and wholesale distributors based on their failure to comply <br />with certain controlled substances laws. 18 U.S.C. § 1961(1)(A). <br />C. Other Possible Causes of Action. <br />In addition to standing to pursue nuisance actions, the Counties may also have common <br />law actions for negligence per se related to the distributors' violations of North Carolina statutes, <br />for fraud, restitution or unjust enrichment. <br />North Carolina County Opioid Litigation - Privileged and Confidential 12 <br />