United States v. Suzette Gal

MEMORANDUM

I

Defendants/Appellants Suzette Gulyas Gal, Andras Zoltán Gal, Steven William Carpenter, Krisztian Zoltán George Gal, and Mike Alfons Campa appeal from their convictions and sentences in connection ■with a fraudulent investment scheme. Suzette and Campa also appeal from their convictions of criminal contempt.

I

Carpenter argues that the District of Montana was not a proper venue for the charges against him of mail and wire fraud under 18 U.S.C. §§ 1341 and 1343. Carpenter waived this argument when he failed to raise it until after the jury returned the verdict. See United States v. Marsh, 144 F.3d 1229, 1242 (9th Cir.1998). Even on the merits, the argument fails. The proposed business agreement that U.S. Oil and Gas sent to the Fort Peck Agency of the Bureau of Indian Affairs (“BIA”) in Montana, and which Carpenter later emailed to potential investors, was sufficient to make venue proper on the mail fraud count. Similarly, Carpenter’s multiple telephone calls to the Fort Peck Agency were a sufficient connection to Montana to render venue proper on the wire fraud count. See United States v. Pace, 314 F.3d 344, 349-50 (9th Cir.2002) (holding that “venue is established…