Whether the standard for materiality in a mail fraud case is determined by the likely behavior of the recipient of the alleged misrepresentations

QUESTIONS PRESENTED 1. This case raises questions concerning the standard by materiality in a mail fraud case is to be determined. The United States Supreme Court in Univ. Health Serv. Inc. v. United States ex.re. Escobar, 136 S. Ct. 1989, 2003-2004, has made it clear that materiality may be determined by evidence of the “likely behavior of the recipient of the alleged Escobar, 136 S. Ct. at 2002. Conversely, the Ninth Circuit Court of Appeals has ruled in this case and in United States v. Lindsey, 805 F.3d 1009 (98 Cir. 2017 that evidence of specific lender conduct or behavior is inadmissible to establish materiality.