When Congress defined the offenses of mail and wire fraud narrowly to punish only those who devise or intend to devise a scheme to defraud, do courts violate separation-of-powers, due-process, criminal-liability, jury-instructions

QUESTIONS PRESENTED 1. When Congress defined the offenses of mail and wire fraud narrowly to punish only those who devise or intend to devise a scheme to defraud, do courts violate separation of powers and due process by expanding the scope of criminal liability through jury instructions that also allow conviction of one who “participates in” a scheme to defraud? 2. When Congress prescribed the mechanisms available for criminal forfeiture of property, do courts violate separation of powers and due process by authorizing forfeiture by money judgment in a criminal case, when that mechanism exists by statute for some offenses but not for the offense of conviction, and when use of a money judgment serves as an end run around Congress’s careful limits on seizure of substitute property?