Professional Documents
Culture Documents
No. 12-4082
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:11-cr-00106-RAJ-TEM-1)
Submitted:
AGEE,
Circuit
Decided:
Judges,
and
December 7, 2012
HAMILTON,
Senior
PER CURIAM:
Following a jury trial in the United States District Court
for the Eastern District of Virginia, Brian Gay was convicted of
three counts of mail fraud, 18 U.S.C. 1341, one count of wire
fraud,
id.
1343,
four
counts
of
conducting
an
unlawful
We affirm.
I
Gay
was
an
attorney
Commonwealth of Virginia.
licensed
to
practice
law
in
the
a real estate agent in the Virginia Beach area and through this
employment met Daniel Woodside, whom he helped buy a house in
late
1999.
Woodsides
few
divorce
years
from
later,
his
in
2002,
wife,
Gay
Carla,
also
the
handled
mother
of
trustee
under
the
irrevocable
Gay complied.
trust
agreement
Gay was
and
the
The irrevocable
to
defraud
the
Woodside
thousands of dollars.
children
out
of
hundreds
of
Following
Woodsides
death,
the
life
insurance
II
A
defendant
challenging
the
sufficiency
of
the
evidence
United
States v. Foster, 507 F.3d 233, 24445 (4th Cir. 2007) (citation
and
internal
sustain a
light
quotation
guilty
most
verdict
favorable
substantial evidence.
385
(4th
Cir.
marks
2008)
to
omitted).
that,
the
viewing
Generally,
the
prosecution,
we
evidence
is
will
in
supported
the
by
and
- 3 -
internal
quotation
marks
omitted).
at 245.
Gay first challenges the sufficiency of the evidence on the
mail and wire fraud counts.
To
defendant[]
acted
with
the
specific
intent
to
defraud.
United States v. Godwin, 272 F.3d 659, 666 (4th Cir. 2001).
With
respect
to
the
and
wire
fraud
counts,
Gay
contends that the evidence does not support the finding that he
had any intent in the spring of 2006 to defraud the Woodside
children.
death
documents,
which
Woodsides
life
in
April
purport
insurance
to
2006.
name
After
Gay
policies,
as
Gay
fabricating
the
these
beneficiary
continued
to
of
falsely
Gay
invested
penny.
This
evidence,
along
with
other
unlawful
monetary
transaction
counts.
At
trial,
the
776
n.1
(4th
part).
The
deposit,
withdrawal,
interstate
or
Cir.
statute
2011)
defines
(Traxler,
monetary
transfer,
foreign
or
commerce,
C.J.,
transaction
exchange,
of
dissenting
funds
in
or
as
in
the
or
affecting
monetary
Federal
Deposit
Corporation
- 5 -
insured
financial
1992) ( 1956).
Gays
This
next
attack
component of 1957.
evidence
on
the
relates
to
the
interstate
commerce
interstate
commerce
element
was
sufficient
opportunity
specific
grounds
specifically
to
in
raised
opine
a
are
Rule
on
29
waived
it.
When
motion,
on
defendant
grounds
appeal.
that
United
raises
are
States
not
v.
We therefore
the government must show that (1) the defendant made a false
writing or document to a governmental agency, (2) the defendant
acted
knowingly
or
willfully,
and
(3)
the
false
writing
or
Cir.
1996)
governmental
agencys
fact
jurisdiction
about
is
matter
material
if
within
it
has
a
a
Id.
friend,
Tony
Hill,
to
present
seventy-page
stack
of
Hill complied.
When
letter
Company
Gay
purportedly
claiming
that
sent
he,
to
personally,
was
both
false
and
material,
Midland
was
Life
the
Because the
substantial
evidence
element was satisfied with regard to the two checks Gay wrote to
himself in 2010.
- 7 -
- 8 -