The harvesting of credit card data by deceptive means constitutes conspiracy to defraud because it puts at risk the underlying accounts, regardless of whether the conspirators intend to on-sell the data or use it personally. The parity principle requires sentencing judges to consider and make reference to sentences imposed on co-offenders, and indicative sentences may guide whether an aggregate sentence is excessive. Facilitation of trial process by consenting to tender of evidence is a discretionary, not mandatory, sentencing consideration.
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