Panthaky

MEMORANDUM **

Co-defendants Darra Panthaky and Wesley Sine appeal their convictions for mail fraud, 18 U.S.C. § 1341 , committed in the course of operating a pyramid scheme. In a simultaneously filed published opinion we reject Sine’s claims that the government’s reference to certain evidence during the course of the trial dictates reversal. We reject both defendants’ remaining claims of reversible error in this disposition.

I.

The evidence of guilt was sufficient.

In reviewing a challenge to the sufficiency of the evidence, “we view the evidence in the light most favorable to the prosecution and determine whether any rational jury could have found Defendants guilty of each element of the crime beyond a reasonable doubt.” United States v. Ruiz, 462 F.3d 1082, 1088 (9th Cir.2006).

1. Good faith. The government presented substantial evidence that tended to prove that neither defendant could have believed the trust had a legitimate ownership interest in the Ginnie Mae securities. The jury was entitled to credit that evidence over contrary evidence presented by the defendants. See id.

*648 2. Proof of loss. The fact that the defendants ultimately repaid the party whose mailings…