It's fraud to offer someone a deal you know they aren't allowed to accept? It might be fraud to let it go through with prior knowledge, but if you clued them in that they shouldn't do so before hand, then I'm not sure how you could be found at fault for someone else's breach of contract.
It's probably only distinguished by whether you admit your intention was to never have the deal succeed, or claim that you came by the knowledge, or at least the understanding, after the initial offer.
There's an interesting calculus potentially at play: there can be a sincere intent that the offer be accepted, but the offer might have never been made were it not for the positive side-effects that mitigate the downside.
It's probably only distinguished by whether you admit your intention was to never have the deal succeed, or claim that you came by the knowledge, or at least the understanding, after the initial offer.