Nikkhah

MEMORANDUM ***

Kasra Nikkhah appeals his conviction on eight counts of making false statements in violation of 18 U.S.C. § 1001 , and 18 U.S.C. § 2 . We have jurisdiction and we affirm.

Nikkhah argues that the district court erred in denying his Rule 29 motion for acquittal because the government never proved falsity, intent, materiality, or aiding and abetting, and because the indictment charged a different statement from the one proved at trial. Viewed in the light most favorable to the government, however, a reasonable trier of fact could find the essential elements beyond a reasonable doubt. The evidence shows that Nikkhah instructed Michael Persaud to submit reports to the United States Navy which identified Turkan Moinizand as the person analyzing air samples for asbestos, but she *987 did not analyze those samples. Thus, it is immaterial that Nikkhah was in the Philippines when Persuad actually submitted the reports. Nikkhah admitted that he knew the reports had Moinizand’s name on them, and the jury could find that he deliberately procured Persuad to submit them because he knew the Navy required that only AAR registered analysts perform testing. The evidence was…