United States v. Stephen Hard

MEMORANDUM

Stephen Hard appeals his jury conviction of one count of conspiracy to commit wire fraud in violation of 18 U.S.C. § 371 and eight counts of wire fraud in violation of 18 U.S.C. §§ 2 and 1343. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. The evidence was sufficient to sustain Hard’s conviction for conspiracy to commit wire fraud. Brad Lee’s testimony established that Hard knew that the supposed investment returns and other aspects of the “Joint Venture Agreements” (JVAs) were “nonsense” and “bogus,” but Hard still prepared and executed the JVAs promising such returns. Hard also sent false emails to Consolidated Consulting Group (CCG) stating that CCG’s money was secure, even though Hard and Lee were then in the process of spending CCG’s money. This evidence “was sufficient to support the jury’s finding of [specific] intent to defraud.” See United States v. Green, 592 F.3d 1057, 1068 (9th Cir.2010).

2. The evidence was sufficient to sustain Hard’s convictions on the counts alleging wire fraud after the October 2004 transfer of money. Hard’s false emails (sent from October to December 2004) delayed CCG from going to the authorities once the…