The following excerpt is from U.S. v. Bakhshekooei, 110 F.3d 70 (9th Cir. 1997):
Bakhshekooei, Foo, and Robles contend that there was insufficient evidence to support their convictions. "Sufficient evidence exists to support a conviction, if, reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the substantial elements of the crime beyond a reasonable doubt." United States v. Melvin, 91 F.3d 1218, 1225 (9th Cir.1996).
The elements the government must prove beyond a reasonable doubt to convict for mail and wire fraud are that the defendant (1) used or caused the use of the mails or telephone in interstate commerce; (2) in furtherance of a scheme to defraud; (3) with the intent to defraud. United States v. Bonanno, 852 F.2d 434, 440 (9th Cir.1988), cert. denied, 488 U.S. 1016 (1989); see also 18 U.S.C. 1341, 1343. To establish a scheme to defraud, the government must prove specific intent to defraud, which is shown if the scheme was "reasonably calculated to deceive persons of ordinary prudence and comprehension." United States v. Bohonus, 628 F.2d 1167, 1172 (9th Cir.), cert. denied, 447 U.S. 928 (1980).
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