1.) Are the Medicare rules, regulations, and policies "controlling" in a criminal prosecution under 18 U.S.C. § 1347; i.e. is evidence of compliance or non-compliance with the rules, regulations and policies always relevant to a determination of fraud?

2.) If the Medicare rules, regulations, and polices are not "controlling," but are "terms of art," as the Fifth Circuit opined, must these rules, regulations, and policies nevertheless guide the "reliable principles and methods" of any witness proffered as an expert in eligibility for Medicare benefits?

Whether Medicare regulations are controlling in a criminal prosecution under 18 U.S.C. § 1347