Whether a defendant is provided fair warning under due process when a federal statute is applied to create a federal crime of conduct otherwise lawful under federal law through a novel interpretation of disputed state conflict-of-law principles

QUESTIONS PRESENTED L Whether the Court should decide an important question involving the overfederalization of criminal law: namely, whether a defendant is provided fair warning in accordance with due process when a federal statute, in this case, the “unlawful debt” provision of the RICO statute, is applied to create a federal crime of conduct otherwise lawful under federal law through a novel interpretation of disputed state conflict-of-law principles. I. Whether the Court should clarify its case law on the Confrontation Clause to decide if formalized complaints, often consumer complaints made to state regulatory agencies, are testimonial if made with the primary purpose of invoking the coercive power of the state. i