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?

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