Whether a 'scheme or artifice to defraud' under the wire fraud statute encompasses an 'implied misrepresentation'

QUESTIONS PRESENTED The questions presented are: 1. Whether, as the Seventh and Ninth Circuits hold, a “scheme or artifice to defraud” under the wire fraud statute, 18 U.S.C. § 1343, encompasses an “implied misrepresentation,” or whether, as the Second, Sixth, and Eleventh Circuits hold, the wire fraud statute requires an express statement that is either false or misleading? 2. Whether, as the Seventh Circuit holds, a district court may cure a Speedy Trial Act violation by making an after-the-fact finding that the ends of justice outweigh the interests of the criminal defendant and the public for a speedy trial, 18 U.S.C. § 3161(h)(7), or whether, as the Second, Fifth, Sixth, Eighth, Ninth, and Tenth Circuits hold, a district court must make the ends-of-justice finding at the time that it grants the continuance?