Whether under Loughrin, a real estate seller's knowledge of her buyer's federally-insured lender may be imputed to sustain a conviction under § 1344, thereby omitting proof of actual knowledge

QUESTIONS PRESENTED . Petitioner was indicted on one count each of mail and bank fraud, days from the ten-year statute of : limitation since selling her real properties in 2007. The indictment duplicitously fused together non-bank. and bank transactions, all of which were out-of-statute ‘except for her buyer’s home equity line of credit or HELOC. Buyer alone executed his HELOC HUD-1, while the HUD-1 Petitioner and buyer jointly-executed ' indicated non-bank lender for buyer’s two loans. Lower courts disregarded the government’s own documentary and testimonial evidence that Petitioner could not have ‘ known about her buyer’s HELOC lender. Petitioner’s convictions instead were affirmed under § 1344(2) citing . the Loughrin v. U.S., 353 U.S. 351 (2014) holding and U.S. v. Bouchard, 828 F.3d 116 (2d Cir. 2016) dicta, ; imputing purported industry knowledge to conclude Petitioner knew that lender for buyer’s HELOC was ; federally-insured. The Questions Presented are: 1. Whether under Loughrin, a real estate seller’s . knowledge of her buyer’s federally-insured lender ; may be imputed to sustain a conviction under § 1344, thereby omitting proof of actual knowledge. oo, 2. Whether bank and mail fraud are continuing offenses pursuant to Joussie v. U.S., 397 U.S. 112 (1970), that allow the government to circumvent statutes of limitations by aggregating non-bank and bank —transactions as a “scheme” involving different parties . and transactional purposes. 3. Whether mail fraud or bank fraud is duplicitous, vague and confusing to a jury when it combines four to five un-related non-bank and bank transactions, an . all of which are outside of the statute of limitations except one, into a single count. ii LIST OF PROCEEDINGS United States Court of Appeals for the Seventh Circuit No. 19-1004 United States of America, Plaintiff Appellee, v. Jessica Arong O’Brien, Opinion: March 13, 2020 Rehearing Denial: September 1, 2020 ; United States District Court for the Northern District of Illinois Eastern Division No. 17 CR 239-1 United States of America, Plaintiff, v. Jessica Arong O’Brien, Defendant. Post-Trial Opinion: September 4, 2018 — Verdict: February 15, 2018