Whether a legal duty to disclose can be created by coupling a voluntary request for information with a false statement proscription

QUESTIONS PRESENTED Whether the legal duty to disclose, required for a criminal concealment of a material fact, 18 U.S.C. § 1001(a)(1), can be created by coupling a voluntary request for information with a certification of compliance subject to the false statement proscription of 18 U.S.C. § 1001(a)(2)? Whether a defendant can obtain relief where a trial court, in violation of Fed.R.Crim.P. 29 and 48, refuses to rule on a motion for judgment of acquittal and, over the defendant’s objection, instead permits the Government to dismiss the charge with prejudice?