United States v. Samir K. Sain, No. 97-3114. United States of America v. Advanced Environmental Consultants, Inc., No. 97-3115

OPINION OF THE COURT

ROSENN, Circuit Judge.

This case primarily presents two questions of first impression in this circuit relating to the interpretation of the Major Fraud Act of 1988 (the “Act”). See 18 U.S.C. § 1031 (West 1997). The Act makes it a federal crime to defraud the United States in connection with a government contract that is valued in excess of $1 million. Specifically, we must decide whether a defendant may be charged with a separate violation of the Act for each of numerous executions of a single fraudulent scheme, and whether modifications of the original government contract,…