United States v. Mark Hauze
Opinion
Opinion
MEMORANDUM
Mark Todd Hauze appeals the judgment and restitution order following his jury conviction for eight counts of mail fraud and aiding and abetting in violation of 18 U.S.C. § 1341 and 18 U.S.C. § 2 , six counts of wire fraud and aiding and abetting in violation of 18 U.S.C. § 1343 and 18 U.S.C. § 2 , and one count of making false statements on a tax return in violation of 26 U.S.C. § 7206 (1). These charges arose from Hauze’s scheme to defraud and obtain money from investors through his foreign currency trading fund (Universal Money Traders) and foreign currency hedge fund (Universal Currency Fund). We affirm.
The district court did not err in denying Hauze’s motion to dismiss the indictment as multiplicitous. See United States v. Garlick, 240 F.3d 789, 794 (9th Cir.2001). Each count of mail and wire fraud included in the indictment alleged a separate act of mailing or wiring.
Whether or not Hauze had a fiduciary relationship with his clients is irrelevant to the charged offenses, because Hauze was not charged with “honest services” fraud. 18 U.S.C. §§ 1341 ,1343; see United States v. Milovanovic, 678 F.3d 713, 721 (9th Cir.2012) (en banc).