1. Can the provisions of the federal wire fraud statute, 18 U.S.C. § 1343, be interpreted to criminalize a breach of a contract by grant recipient, where the parties contemplated a contractual remedy for the breach, and the alleged misrepresentations were aspirational statements made in a forward-looking grant application?

2. May an individual be convicted of wire fraud under 18 U.S.C. § 1343 where the victim, a sophisticated investor, executed a subscription agreement prior to his investment that directly contradicted his claim that the defendant lied to him to procure his investment?

Can a breach of contract by a grant recipient be criminalized under the federal wire fraud statute?