Whether a defendant who argues for the first time on appeal that the government failed to meet its burden to prove venue waives the issue or merely forfeits the issue

Questions Presented Under this Court’s decision in United States v. Olano, 507 U.S. 725 (1993), does a defendant who argues for the first time on appeal that the government failed to meet its burden to prove venue waive the issue (as the Ninth Circuit held in this case) or merely forfeit the issue (as the Eighth Circuit has held)? In a fraud prosecution, is evidence of other fraudulent acts admissible to show intent or knowledge even when the government cannot articulate a propensity-free chain of reasoning linking the evidence to those claimed purposes? ii