Gilak

United States v. Gilak

Good Law
311 F. App'x 997
United States Court of Appeals for the Ninth CircuitFebruary 19, 2009No. 07-10197California562 words

Opinion

Lead Opinion

MEMORANDUM *

The primary issue on appeal is whether there is sufficient competent evidence in the record from which a jury, properly instructed, could conclude beyond a reasonable doubt, that Gilak was either a principal or an aider and abettor in a scheme to defraud. The record reflects that Gilak managed many of the accounts that were a critical part of the overall scheme, that she repeatedly lied to conceal violations of SEC regulations, and that she faked transactions to generate the appearance that the corporations at issue were profitable. There is sufficient evidence to support the jury conviction of one count of securities fraud in violation of 15 U.S.C. § 78j(b) and 78ff and five counts of conducting financial transactions to commit securities fraud in violation of 18 U.S.C. § 1956 (a)(1)(A)®. We understand but reject her argument on appeal. “Conviction as an aider and abettor requires proof beyond a reasonable doubt that the defendant willingly associated himself with a criminal venture and participated therein in something he wished to bring about.” United States v. Cloud, 872 F.2d 846, 850 *999 (9th Cir.1989). It is not necessary that the defendant be aware of every…

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