United States v. Matthew Edward Lothian

Matthew Lothian appeals his conviction on twenty counts of mail fraud, wire fraud, and interstate transportation of property obtained by fraud in violation of 18 U.S.C. §§ 1341 , 1343, and 2314. The charges arose out of Lothian’s participation in a fraudulent boilerroom telemarketing scheme selling investments in precious metals. On appeal Lothian asks that we overturn his conviction on eleven counts that charge him with conduct occurring during his absence from the scheme, arguing that he had withdrawn from the scheme during this period. He further argues as to all twenty counts that the evidence of fraudulent intent was insufficient to support his conviction and that the district court erred in admitting evidence concerning other fraudulent schemes that involved his co-defendants but not Lothian. We reverse Lothian’s conviction on four counts charging him with conduct that occurred during his absence from the scheme, but affirm his conviction on the remaining counts.

BACKGROUND

Because Lothian contends that there was insufficient evidence to sustain his conviction, we summarize the relevant facts from the evidence introduced at trial in the light most favorable to the…