I. Whether jury instructions, which require that the government prove a defendant knew the crimes were against the United States and involved a federal health care program, control the validity of a conviction rather than case law holding the government is not required to allege the United States was the intended victim under the offense clause of a §371 conspiracy.

II. Whether a defendant, who merely sells beneficiary information to a provider who violates the Anti-Kickback provisions of its agreement with Medicare, can be found guilty as a co-conspirator of that provider where the defendant does not engage in any other illegal acts with that provider.

Whether jury instructions control the validity of a conviction rather than case law