Whether the two bank fraud subsections of 18 U.S.C. § 1344 are separate and distinct offenses that require charging in separate counts?

QUESTION(S) PRESENTED 1. Whether the two bank fraud _ subsections of 18 U.S.C. § 1344 are separate and distinct “offenses that require charging in separate counts? 2. Whether surplusage that enlarges the bank fraud statute to include Congressional omissions within its scope is constitutionally permissible? 3. Whether a finding of waiver of a fundamental constitutional right is | valid without determining whether the good cause defense, apparent in the trial record, excused the untimely objection? : i t L Contents QUESTION(S) PRESENTED