1. Whether the United States Court of Appeals for the
Seventh Circuit failed to apply this Court's
mandated flexible approach to RICO's pattern of
racketeering activity, by rigidly focusing solely on
the particularity of the factual allegations regarding
other victims of a fraudulent scheme.

2. Whether the pleading requirements of Federal Rule
of Civil Procedure 9(b) require that the specific
contents of allegedly privileged communications
in a fraudulent scheme be pleaded with particularity
to establish a RICO claim where the underlying
predicate offenses are mail or wire fraud which do
not require proof that the other defendants were
actually deceived.

3. Whether a scheme's threat of continuity is
evaluated at the time the racketeering activity
occurred, or can subsequent, fortuitous events be
considered to defeat the threat of continuity.

Whether the United States Court of Appeals for the Seventh Circuit failed to apply this Court's mandated flexible approach to RICO's pattern of racketeering activity