United States v. Kevyn Paik

MEMORANDUM

Kevyn Paik appeals his convictions of two counts of mail fraud in violation of 18 U.S.C. § 1341 , two counts of wire fraud in violation of 18 U.S.C. § 1343 , and one count of criminal conflict of interest in violation of 18 U.S.C. § 208 . Because the facts are known to the parties, we recount them here only as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. There was sufficient evidence to show that Paik and his co-defendant took great care to conceal Paik’s involvement in the Pond C subcontract not only from Ducks Unlimited (DU), but also from the U.S. Fish & Wildlife Service (FWS). Refuge manager Michael Hawkes testified that if Paik’s name had appeared on any invoice from DU, FWS would not have approved reimbursement to DU. Given the defendants’ multiple attempts to obtain subcontracts for various projects at the Refuge, the jury reasonably inferred that FWS’s continued unawareness of Paik’s involvement was essential to his ongoing fraudulent scheme and that Paik therefore intended “to obtain money or property from the one who [was] deceived.” United States v. Lew, 875 F.2d 219, 221 (9th Cir. 1989). The prosecution…