United States v. Edward Ferguson

MEMORANDUM

I.

Edward Ferguson (“Ferguson”) challenges his conviction for two counts of mail fraud in violation of 18 U.S.C. § 1341 , alleging insufficiency of evidence. He argues that the mailings that formed the basis of his conviction were (1) sent after he had received victim-investors’ funds and thus were not part of an ongoing scheme, and (2) do not qualify as “lulling” letters because they caused panic.

We affirm because, taking the evidence presented at trial in the light most favorable to the government, United States v. Nevils, 598 F.3d 1158, 1163-64 (9th Cir.2010), a rational trier of fact could have found that the letters in question were “lulling” letters, or that they were part of an ongoing scheme, or both. See United States v. Manarite, 44 F.3d 1407, 1411-12 (9th Cir.1995).

II.

To secure a conviction for mail fraud, the government must prove that the defendant: (1) devised or intended to devise a scheme to defraud or to perform specified fraudulent acts; and (2) used the mail “for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent acts).” United States v. Phillips, 704 F.3d 754, 762 (9th Cir.2012) (quoting Carter v. United…