In Badders v. United States (1915), the Supreme Court upheld a conviction for using the mail to defraud. The defendant, John S. Badders, was accused of sending fraudulent letters through the mail in an attempt to swindle money from individuals by promising them government jobs in exchange for payment. He argued that his actions did not constitute a "scheme or artifice to defraud" as defined under federal law because he had no intent of carrying out the promised services and therefore there was no actual fraud committed. The court rejected this argument, ruling that any scheme intended to deceive or cheat can be considered fraudulent regardless of whether it is carried out or not. They further stated that use of mails for such purposes falls within Congress's power over post offices and postal roads granted by Article I Section 8 Clause 7 of U.S Constitution ("Postal Clause"). Therefore, they affirmed Badder’s conviction on all counts.

In the dissenting opinion for Badders v. United States, Justice Oliver Wendell Holmes Jr. argued that the majority's interpretation of a federal statute was too broad and could potentially criminalize innocent behavior. He contended that the law in question, which made it illegal to conspire to defraud the U.S., should only apply when there is an intent to cause financial or property loss to the government. In this case, he believed that while Badders may have intended to deceive immigration officials by providing false information about his clients' eligibility for citizenship, there was no evidence suggesting he aimed at causing monetary damage or property loss. Therefore, according to Justice Holmes' interpretation of conspiracy laws and fraud statutes against governments, Badders’ actions did not constitute a crime under those specific terms.