Sweeney

INTRODUCTION

A jury convicted defendants James Albert Sweeney II and Patrick Michael Ryan

of 65 counts of white-collar crime and found true three special allegations. The court

sentenced Sweeney to 33 years and Ryan to 31 years. The court also imposed restitution

in the amount of $8,266,026 under Penal Code section 1202.4, subdivision (f).

The final version of the second amended information alleged 65 criminal counts.

As to each of the 20 individual victims, it alleged three separate counts: the sale of

unqualified securities (Corp. Code, § 25110); fraud in the offer of a security (Corp. Code,

§§ 25401, 25540, subd. (b)); and grand theft (§ 487). As to all the victims, it alleged

count 67, a fraudulent securities scheme (Corp. Code, §§ 25540, subd. (a), and 25541)

and four counts—68, 69, 70, and 71—involving an endless chain scheme. (§ 327; Corp.

Code, §§ 25110, 25401, 25540, subds. (a) and (b), and 25441. The information further

alleged two special allegations for excessive takings (§§ 1203.045, 12022.6, subd. (a)(3))

and one for aggravated white-collar crime. (§ 186.11, subd. (a)(2)).

On appeal, both defendants challenge the sufficiency of the evidence on count…