The Federal Appeals Courts are split on whether fraudulent inducement of a commercial contract violates the federal fraud statutes and whether deprivation of property is a required element that the government must prove under the federal fraud statutes. The Questions Presented therefore are:

Whether fraudulent inducement of a commercial contract violates the federal wire fraud statute when neither loss of property nor economic harm to the property are the object of the transaction.

Whether the government may sustain a federal wire fraud conviction for fraudulent inducement of a commercial contract when the victim demands and receives something of value in exchange for the property subject to the transaction.

Whether the federal wire fraud statute requires the government to charge in the indictment and prove to the jury beyond a reasonable doubt the deprivation of property.

Whether fraudulent inducement of a commercial contract violates federal wire fraud statutes when no property loss occurs and whether property deprivation is a required element of federal fraud charges