United States v. Maria Moreno

MEMORANDUM

Defendant — Appellant Maria Nela Moreno (“Moreno”) appeals a judgment following a jury verdict convicting her on six counts of health care fraud, in violation of 18 U.S.C. §§ 1347 and 2(b), and one count of conspiracy to commit the same, in violation of 18 U.S.C. § 1349 . Moreno argues that there is insufficient evidence that she had the mens rea necessary to convict her under any of the counts.

“Claims of insufficient evidence are reviewed de novo.” United States v. Sullivan, 522 F.3d 967, 974 (9th Cir.2008) (citation omitted). Viewing the evidence, as we must, in the light most favorable to the prosecution, we hold that the evidence was “adequate to allow [a] rational trier of fact [to find] the essential elements of the crime beyond a reasonable doubt.” United States v. Nevils, 598 F.3d 1158, 1163 (9th Cir.2010) (en banc) (quoting Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (second alteration in original, quotation marks omitted)).

“It is settled law that intent to defraud may be established by circumstantial evidence,” including “from misrepresentations made by the defendant! ].” Sullivan, 522 F.3d at 974 (citations and…