Under the mail fraud and wire fraud statutes, does an actionable scheme to defraud require, as an aspect of materiality, a falsehood which goes to the essence or nature of the transaction at issue?

QUESTION PRESENTED Both the mail fraud statute, 18 U.S.C. § 1341, and wire fraud statute, § 1348, proscribe any scheme to defraud in connection with specified modes of communication. The statutes incorporate elements of common law fraud, including materiality of falsehood. The commonlaw concept of materiality involves a falsehood that goes to the essence of the bargain at issue. The question presented by the petition is: Under the mail fraud and wire fraud statutes, does an actionable scheme to defraud require, as an aspect of materiality, a falsehood which goes to the essence or nature of the transaction at issue? i