United States v. Troy Titus

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-4482

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TROY AURELIUS TITUS,

Defendant – Appellant,

v.

STEPHANIE OLSEN; RITA MAE CANNIZZARO,

Parties-in-Interest.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:08-cr-00154-RAJ-DEM-1)

Argued: March 22, 2012 Decided: April 13, 2012

Before DUNCAN, AGEE, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

ARGUED: Andrew Michael Sacks, SACKS & SACKS, Norfolk, Virginia,
for Appellant. Michael Calvin Moore, OFFICE OF THE UNITED
STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF:
Neil H. MacBride, United States Attorney, Alexandria, Virginia;
Melissa E. O'Boyle, Assistant United States Attorney, OFFICE OF
THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

2
PER CURIAM:

A jury convicted Troy Titus of mail fraud, wire fraud,

conspiracy to commit mail and wire fraud, and various other

offenses arising from an operation that bore the hallmarks of a

Ponzi scheme. On appeal, Titus raises numerous claims,

challenging pretrial, trial, and posttrial rulings by the

district court. Finding no error, we affirm.

I.

A.

Because Titus was convicted by a jury, the following facts

are recited in the light most favorable to the government. See

United States v. Cabrera-Beltran, 660 F.3d 742, 746 (4th Cir.

2011). Prior to the revocation of his law license in 2005,

Titus ran his own law firm in the Tidewater Region of Virginia.

Co-conspirator and co-defendant Kristen Cardwell worked with

him.

In his capacity as an attorney, Titus assumed various

roles. These roles included serving as trustee for the trust

accounts of many clients, a responsibility that allowed him

access to the funds in those accounts. He also acted as a real

estate settlement agent, handling funds from one or more sides

of real estate transactions. In furtherance of this role,

3
Titus’s law firm maintained a trust account for real estate

settlement activities with Monarch Bank (the “Monarch account”).

In addition to his activities as an attorney, Titus led

seminars on real estate investment, estate planning, and tax

avoidance. Titus solicited seminar attendees to become clients

of his law firm and invest funds with him in ventures that often

involved the purchase of real estate. Titus assured these

individuals that their investments would be secured by first or

second liens on other real property.

In his various roles, Titus was subject to certain

statutes, regulations, and professional rules. For example,

Titus’s trustee relationship with his clients was governed by,

inter alia, the Virginia State Bar’s Rules of Professional

Conduct. As relevant here, the Rules impose a duty on an

attorney to avoid representation of “a client if the

representation involves a concurrent conflict of interest”

unless the client “consents after consultation, and . . . the

lawyer reasonably believes that the lawyer will be able to

provide competent and diligent representation to each affected

client.” Va. Rules of Prof’l Conduct R. 1.7. The Rules go on

to prohibit certain transactions by an attorney that run

particular risks of conflicts of interest:

(a) A lawyer shall not enter into a business
transaction with a client or knowingly acquire an

4
 ownership, possessory, security or other pecuniary
interest adverse to a client unless:

(1) the transaction and terms on which the lawyer
acquires the interest are fair and reasonable to the
client and are fully disclosed and transmitted in
writing to the client in a manner which can be
reasonably understood by the client;

(2) the client is given a reasonable opportunity
to seek the advice of independent counsel in the
transaction; and

(3) the client consents in writing thereto.

(b) A lawyer shall not use information relating to
representation of a client for the advantage of the
lawyer or of a third person or to the disadvantage of
the client unless the client consents after
consultation.

Id. at R. 1.8. In addition, Virginia law imposes a duty of

loyalty on all trustees, requiring each trustee to “administer

the trust solely in the interests of the beneficiary.” Va. Code

Ann. § 55-548.02(A).

Titus’s activity as a real estate settlement agent was

governed by the Virginia Consumer Real Estate Settlement

Protection Act (“CRESPA”), codified in sections 55-525.16-525.32

of the Virginia Code, which sets forth the duties and

responsibilities of real estate settlement agents. CRESPA

requires real estate settlement agents to hold settlement funds

in “fiduciary trust . . . accounts,” and to keep the funds

“segregated for each depository . . . in the records of the

settlement agent in a manner that permits the funds to be

5
identified on an individual basis.” Va. Code. Ann. § 55-

525.24(A)(1). CRESPA also requires that “[t]he funds . . . be

applied only in accordance with the terms of the individual

instructions or agreements under which the funds were accepted .

. . [and] disbursed only pursuant to a written instruction or

agreement specifying how and to whom such funds may be

disbursed.” Id. at §§ 55-525.24(A)(2), (B). In addition,

CRESPA prohibits the intentional making of “any materially false

or misleading statement or entry on a settlement statement.”

Id. at § 55-525.25.

B.

By the early 2000s, Titus was experiencing serious

financial difficulties. In addition to significant expenses

associated with the operation of his law firm, Titus was saddled

with additional expenses totaling around $65,000 per month.

Titus had also amassed a running shortfall in the Monarch

account of approximately $2.5 million. To overcome these

financial difficulties Titus began defrauding his legal clients

and real estate investors.

Titus fraudulently obtained funds via three avenues: by

embezzling funds from his clients’ trust accounts, by misusing

6
property entrusted to him by his clients, 1 and by

misappropriating funds from his real estate investors. Titus

began by using the funds to cover his monthly expenses and

backfill his shortfall in the Monarch account. Later, in

classic Ponzi scheme fashion, Titus began using more recently

acquired funds to make payments to earlier victims.

By 2005, Titus’s scheme was unraveling. Multiple clients’

accounts were running shortfalls, and Titus owed massive amounts

to his real estate investors. Complaints by his legal clients

led to an investigation by the Virginia State Bar. This

investigation ended with Titus stipulating to his mismanagement

of trust accounts and agreeing to surrender his law license.

The FBI began investigating his activities, which led to the

underlying criminal action.

C.

A federal grand jury indicted Titus for bank fraud, in

violation of 18 U.S.C. § 1344 (Count One); conspiracy to commit

mail and wire fraud, in violation of 18 U.S.C. § 1349 (Count

Two); wire fraud, in violation of 18 U.S.C. § 1343 (Counts Three

though Twenty-Six); mail fraud, in violation of 18 U.S.C. § 1341

(Counts Twenty Seven though Thirty-One); promotional money

1
For example, on multiple occasions Titus used his clients’
property to secure loans from his investors.

7
laundering, in violation of 18 U.S.C. § 1956(a)(1)(A)(i) (Counts

Thirty-Two though Forty-One); and engaging in financial

transactions with criminally derived property, in violation of

18 U.S.C. § 1957 (Counts Forty-Two though Forty-Nine). Titus’s

trial lasted approximately six weeks and included testimony from

over 60 witnesses. These witnesses included victims, clients,

investors, record custodians, bank employees, law enforcement,

Titus’s co-conspirator, and Titus himself. A jury convicted

Titus on the conspiracy count, 16 of the wire fraud counts, two

of the mail fraud counts, four of the money laundering counts,

and seven of the financial transactions with criminally derived

property counts. The district court sentenced Titus to 30 years

in prison. This appeal followed.

We set forth additional facts below as necessary.

II.

On appeal, Titus claims multiple errors by the district

court. Titus first argues that the district court erred by

denying his pretrial motion for a continuance. Titus next

argues that the district court erred in admitting certain

evidence during his trial. Titus also asserts that the district

court violated his right to a fair trial by showing bias against

his defense counsel. Titus further claims that the district

court erred in limiting his testimony to just over two full days

8
of trial. Finally, Titus argues that the district court erred

in denying his posttrial motion for acquittal. We address each

of these claims in turn.

A.

We first consider whether the district court erred in

denying Titus’s pretrial motion for a continuance. Our standard

of review in this regard is a deferential one. “[A] trial

court’s denial of a continuance is . . . reviewed for abuse of

discretion; even if such an abuse is found, the defendant must

show that the error specifically prejudiced her case in order to

prevail.” United States v. Hedgepeth, 418 F.3d 411, 419 (4th

Cir. 2005). “[B]road discretion must be granted trial courts on

matters of continuances; only an unreasoning and arbitrary

insistence upon expeditiousness in the face of a justifiable

request for delay violates the right to the assistance of

counsel.” Morris v. Slappy, 461 U.S. 1, 11-12 (1983) (quotation

marks omitted).

Against the foregoing standard, we consider the facts. The

district court appointed a federal public defender to represent

Titus following his initial indictment and set the original

trial date for June 29, 2009. After the grand jury handed down

a third superseding indictment, Titus moved for, and the

district court granted, a continuance until October 6, 2009.

9
 On August 10, 2009, Titus moved to replace the federal

public defender with private counsel. The government initially

opposed the motion, expressing concern with bringing in new

counsel less than 60 days before trial. Although eventually

withdrawing its opposition, at an August 17, 2009, hearing on

the motion the government emphasized that it “continue[d] to

believe that there’s absolutely no way that new counsel coming

into this case could be prepared to try it in less than 60

days.” S.J.A. 87. The government voiced concern that were the

substitution allowed and the October 6 trial date maintained,

one of two things is going to happen: Either A, Mr.
Sacks is going to come in on the eve of trial after we
have put all these arrangements in place and made all
these arrangements for the witnesses to be here, and
he’s going to say I just realized that I don’t have
enough time despite my representation before that I
did; or alternatively, we are going to be back here in
a few years on 2255 because he had insufficient time
to get ready.

Id. at 89. In response, Titus’s private counsel assured the

district court that “if the Court ordered that this trial go

forward on October 6th, then I will be ready. I will do what I

have to do to be ready.” Id. at 91. The district court

continued the case despite counsel’s representations, stating:

[R]ecognizing that we are at a stage here where we are
less than 60 days out from this trial, the Court
doesn’t want to come back in here and be confronted
with a continuance in this case after everyone is
keyed up to go and et cetera. So what the Court is
going to do is the Court is going to on its own
volition move this case out, move it out approximately

10
 30 days, to be sure that we can deal with what we have
to deal with here and we won’t have to come back in
here because of adjustments having to be made because
of a time schedule.

Id. at 95-96. The district court granted Titus’s motion to

substitute counsel and sua sponte set November 10, 2009, as the

new date for trial.

More than two months after the hearing and approximately

two weeks before the November 10 trial date, Titus’s counsel

filed a motion to continue. Counsel argued that he could not be

prepared to try such a complex case without additional time. In

opposing the motion, the government noted that it had made

“extensive travel arrangements . . . to organize more than 70

government witnesses, many of whom are elderly and some of whom

must travel from abroad for this hearing” and that it had relied

“on Defense Counsel’s representations that he would be ready,

[and] scheduled . . . other trials based around this trial date,

making it extremely difficult to find a date even into 2010 that

would allow for a month-long trial.” J.A. 260-61.

The district court denied the motion by memorandum opinion:

The Court in good part allowed Defense Counsel to come
into the case at such a late date because of his
affirmations that he would be ready even at the
October 6, 2009 trial date if necessary. Defense
Counsel represented at the continuance hearing that “I
am more prepared, frankly, in two months than the
public defenders were in ten.” The Court will rely on
Defense Counsel’s representations of diligence in
preparation, given his experience and skill in trying
cases and the resources he has had available to him

11
 over the past several months. The Court is confident
that Defense Counsel will provide the Defendant
effective representation, and finds that on balance,
no prejudice will result.

Id. at 265 (quoting J.A. 244).

Titus argues that, despite counsel’s insistence at the

August 17, 2009, hearing that he would be ready for trial on

October 6--more than a month earlier than the ultimate trial

date--once his counsel “delved into the case, which was document

intensive and complicated by the fact that [Titus] was in

custody pending trial, it became apparent . . . that [counsel]

had underestimated the time he would need to adequately prepare

a defense with the defendant.” Appellant’s Br. 13. Titus

argues that the district court abused its discretion in allowing

his counsel only 12 weeks to prepare for a 20-day jury trial on

49 counts.

Notable, however, is what Titus does not argue. Titus does

not allege that the government was dilatory in providing

discovery or in any other way contributed to a lack of

preparation. 2 Titus points to nothing specific in the trial

record to demonstrate any prejudice caused by his counsel’s

supposed lack of preparation. And importantly, Titus does not

2
To the contrary, as noted by the district court, the
government went to great lengths to aid counsel’s preparation.
See J.A. 262-63.

12
argue that the district court was either “arbitrary” or

“unreasoning” in denying the continuance, as is required to find

an abuse of discretion in this circumstance. See Slappy, 461

U.S. at 11-12. Accordingly, Titus’s argument must fail.

In an excess of caution we note as well that had Titus made

the appropriate arguments, his contention would still be

unavailing. We have held that “the burdensome task of

assembling a trial counsels against continuances, and,

therefore, the trial courts must be granted broad discretion.”

United States v. LaRouche, 896 F.2d 815, 823 (4th Cir. 1990).

Here, the district court, both at the hearing at which it

approved the substitution of counsel and provided for a

continuance on its own motion and later in denying the

subsequent continuance, appropriately balanced the interests of

the defendant with the need to manage its docket, accommodate

the schedule of counsel, and accommodate witnesses who would be

traveling in from out of town. Thus, the district court was

neither arbitrary nor unreasoning. Indeed, the 12 weeks

provided to Titus’s counsel is much more generous than that

provided in similarly complex cases where we have found no abuse

of discretion. See, e.g., LaRouche, 896 F.2d at 823-24 (finding

no abuse of discretion in providing 34 days to prepare for

complex, multidefendant trial); United States v. Badwan, 624

F.2d 1228, 1230-31 (4th Cir. 1980) (similar, providing three

13
weeks to prepare for trial). For these reasons, we find no

abuse of discretion here.

B.

We now turn to Titus’s evidentiary arguments, beginning

with Titus’s challenge to the admission of his stipulation to

revocation of his law license. We then turn to his challenge to

the district court’s taking judicial notice of certain Virginia

rules and statutes. Both challenges are governed by Federal

Rule of Evidence 403, 3 which allows a district court to “exclude

relevant evidence if its probative value is substantially

outweighed by a danger of one or more of the following: unfair

prejudice, [or] confusing the issues.” We have characterized

this prejudice as “tend[ing] to subordinate reason to emotion in

the factfinding process.” United States v. Queen, 132 F.3d 991,

3
Titus frames his challenge to the admission of the
stipulation to revocation of his bar license as arising from
Federal Rule of Evidence 404(b), which prohibits the
introduction of evidence of past bad acts by a person “to prove
a person’s character in order to show that on a particular
occasion the person acted in accordance with the character.”
Fed. R. Evid. 404(b)(1). Such prior bad act evidence is
allowed, however, to prove, among other things, “motive,
opportunity, intent, preparation, plan, knowledge, identity,
absence of mistake, or lack of accident.” Id. at 404(b)(2).
Titus does not argue that the district court admitted the
stipulation for an improper purpose, but instead argues that the
potential for prejudice outweighed the probative value
associated with that purpose. Thus, Titus’s challenge is more
properly considered to be arising from Rule 403, rather than
404(b).

14
997 (4th Cir. 1997). In reviewing a district court’s balancing

of probative value against potential for prejudice, we have a

history of “broad deference” to the district court. See, e.g.,

United States v. Myers, 280 F.3d 407, 413 (4th Cir. 2002) (“We

must review the lower court’s application of this balancing test

with . . . broad deference.”); United States v. Love, 134 F.3d

595, 603 (4th Cir. 1998) (“We . . . review a district court’s

admission of evidence over a Rule 403 objection under a ‘broadly

deferential standard.’ ” (quoting United States v. Simpson, 910

F.2d 154, 157 (4th Cir. 1990))). We will overturn a district

court’s decision to admit evidence in such circumstances only

“under the most extraordinary of circumstances.” United States

v. Aramony, 88 F.3d 1369, 1377 (4th Cir. 1996) (quotation marks

omitted).

1.

We first review the admission of Titus’s stipulation to the

revocation of his law license. As noted above, the primary

motive offered by the government to explain Titus’s misdeeds was

his serious financial straits. Titus had shortfalls in many

accounts over which he had control. The largest of these

shortfalls--approximately $2.5 million--was in the Monarch

account, his law firm’s real estate settlement account. Part of

the government’s theory was that Titus used investor and client

funds to try to pay down that deficit.

15
 Most of the allegations to which Titus stipulated involved

irregularities and deficiencies in the accounts over which Titus

had control. For example, paragraphs 14-19 of the stipulation

deal specifically with shortfalls in the Monarch Account. In

addition, the stipulation contains descriptions of unsavory

conduct on Titus’s part. For example, it describes instances of

Titus assuring Virginia Bar officials that he had taken some

action when, in fact, he had not.

Titus objected to admission of the stipulation, arguing

that although the parts detailing account shortfalls were

acceptable, the district court should redact portions describing

his bookkeeping problems and false statements because they would

prejudice the jury. The government responded that the parts of

the stipulation with which Titus took issue were essential to

prove that Titus knew about the shortfalls in the Monarch

account, and, more broadly, to document his overall financial

difficulties. After hearing argument from both sides, the

district court considered the document during a recess and

ultimately approved its admission. The district court concluded

that the significant probative value of the stipulation

outweighed the minimal risk of prejudice, especially given that

it tended to show confusion on Titus’s part, which supported his

claim that he did not have the specific intent to commit fraud:

16
 When you read these paragraphs [of the stipulation],
these paragraphs in some way tend to affirm what the
defendant has been saying about the reason he did what
he did, that he had some confusion with the trust
accounts in his firm, that he was trying to get it
straightened out. A lot of these paragraphs are
dealing with the efforts of, trying to straighten out
the defendant’s records, which some might argue or
suggest that that shows the lack of fraudulent intent,
that he was just having problems with his records,
which the defendant has argued. So the Court believes
on balance that it’s appropriate to admit.

J.A. 1435.

Titus argues on appeal, as he did at trial, that the

prejudicial impact of the stipulation outweighed its probative

value, and therefore it should not have been admitted. As Titus

puts it:

The risk for prejudice and misleading of the jury in
providing the . . . stipulation was simply too great,
and the district court abused its discretion in
admitting the materials into evidence and created a
substantial risk that the defendant would be convicted
based on an uncharged ethical violation during a
Virginia State Bar investigation.

Appellant’s Br. 18. We disagree. As noted above, a district

court’s decision to admit evidence in such circumstance will be

overturned only under the most extraordinary of circumstances.

Aramony, 88 F.3d at 1377. No such circumstances are present

here. On the contrary, it is clear that the district court

thoughtfully balanced the probative value of the stipulation

against its potential for prejudice, and we will not second-

guess that balancing. Accordingly, we reject Titus’s challenge

17
to the admission of the stipulation to revocation of his law

license.

2.

We next consider Titus’s challenge to the admission by

judicial notice of certain Virginia rules and statutes. Central

to the government’s theory of the case was that Titus committed

fraud, in part, by failing to fulfill his duties of disclosure

to his clients and investors. To demonstrate the duties that

Titus owed to his clients and investors, the government asked

the district court to take judicial notice of the Virginia Rules

of Professional Responsibility 1.7 and 1.8 (quoted above), which

created duties to his clients, and CRESPA (quoted above) with

its associated state regulations, which imposed duties on Titus

when he acted as a settlement agent for real estate closings and

held funds in trust for those closings. Titus objected, arguing

that the statutes were not probative and would confuse the jury:

[T]he danger that is created is that the jury would
convict him of a crime because they think he violated
a regulatory, a State Bar standard. That would be
highly prejudicial. That’s not the law. That’s
simply not the source of criminal liability. It’s
prejudicial. . . . How are they going to understand?

J.A. 787. The district court overruled Titus’s objection,

stating:

[T]he Court is fully capable of advising this jury of
what criminal statutes this defendant is indicted on,
and one of the common instructions is to instruct the
jury that the defendant is not on trial for any matter

18
 not charged in this indictment. He’s not on trial for
conflict of interest or misusing escrow funds or any
regulatory violation. That is not a problem for the
jury to understand this. But these regulatory matters
are certainly circumstantially useful and probative in
establishing whether the defendant acted with intent
to establish an artifice to defraud.

J.A. 788. In fact, in instructing the jury at the close of

evidence, the district court explicitly addressed this issue.

After providing the text of the documents, the district court

instructed the jury: “During your deliberations you may consider

these statutes and rules in determining whether the defendant

violated certain duties as part of the scheme and artifice to

defraud. However, the court cautions you that the defendant is

not on trial for violating these statutes.” J.A. 2924.

Titus advances on appeal the same argument made in the

district court. Titus asserts that the statutes and rules were

“irrelevant to the conduct charged in the Indictment” and were

prejudicial because there was a high risk that they would

confuse the jury and that the jury would convict him based on

violations of state law, rather than the crimes for which he was

charged. Appellant’s Br. 21. The government disagrees,

contending that “Titus’s conduct made the Virginia Rules of

Professional Conduct and the Virginia Code sections governing

real estate settlements highly relevant,” Appellee’s Br. 53, as

the indictment included theories of criminal liability covering

“unlawful conversion of funds held in trust and various breaches

19
of fiduciary duties to clients that caused economic loss,” to

which the statutes and rules were directly related, id. at 54.

The government further argues that the above-noted jury

instruction cured any potential jury confusion.

Reviewing--with broad deference--the district court’s

balancing of the probative value of the rules and statutes

against their potential to confuse the jury, we find no abuse of

discretion. First, it is clear that the rules and statutes were

highly relevant to the government’s case. To prove a mail or

wire fraud violation, the government must generally establish:

(1) the existence of a scheme to defraud; (2) the use of the

mails or wires in furtherance of the scheme; (3) a material

statement or omission in furtherance of the scheme; and (4)

specific intent to defraud. 18 U.S.C. §§ 1341, 1343; United

States v. Harvey, 532 F.3d 326, 333 (4th Cir. 2008). A scheme

or artifice to defraud, in turn, may arise from a failure to

disclose material information pursuant to a fiduciary,

statutory, or other legal duty. United States v. Colton, 231

F.3d 890, 898 (4th Cir. 2000). These rules and statutes

evidence Titus’s duties to disclose information and are,

accordingly, vital to prove, as the government was seeking to

do, mail and wire fraud charges based upon a failure to disclose

such information in violation of these duties.

20
 Second, the risk of jury confusion does not substantially

outweigh the probative value of this evidence. Any risk that

the jury could become confused and render a guilty verdict on

the basis of a violation of these state rules and statutes,

rather than on the basis of the federal law upon which Titus was

indicted, was cured by the district court’s cautionary

instruction, which we must presume the jury understood and

followed. See United States v. Udeozor, 515 F.3d 260, 271 (4th

Cir. 2008). 4 Accordingly, it was not an abuse of discretion to

take judicial notice of the rules and statutes.

C.

We next consider Titus’s argument that the district court

violated his right to a fair trial by showing bias against his

defense counsel. We review a district court’s trial management

under a broadly deferential standard. See, e.g., United States

v. Smith, 452 F.3d 323, 332 (4th Cir. 2006) (holding that

questions of trial management are “quintessentially the province

of the district courts”); United States v. Godwin, 272 F.3d at

4
Titus’s claim that the district court’s admission of the
rules and statutes constructively amended the indictment fails
for the same reason. See Udeozor, 515 F.3d at 271; see also
United States v. Alhalabi, 443 F.3d 605, 614 (7th Cir. 2006)
(“The admission of evidence . . . intricately related to the
crimes charged to paint for the jury the complete picture of the
scheme . . . did not alter the crimes from the ones described in
the indictment.”).

21
659, 679 (4th Cir. 2001) (holding that the district court has

broad discretion regarding the interrogation of witnesses and

has the duty to admonish counsel as part of sound trial

management).

Titus claims that the district court manifested its bias

against him by excessively intervening in his defense and making

adverse comments toward his counsel. He cites examples of the

district court acting in the absence of objection from the

government in foreclosing various lines of questioning by his

counsel because of concerns regarding admissibility. Citing

these interventions, Titus moved for a mistrial, which the

district court denied. Titus also complains of sounds emanating

from the jury, which he claims were “a by-product of the

cumulative interventions and comments made by the trial court

toward, during, and regarding the defendant’s defense.”

Appellant’s Br. 37. Notably, Titus does not claim that the

district court substantively erred in any of its sua sponte

rulings.

Although a district court “must not create an appearance of

partiality by continued intervention on the side of one of the

parties or undermine the effective functioning of counsel

through repeated interruption of the examination of witnesses,”

the district court “must exercise reasonable control over . . .

the presentation of evidence in order to ensure the effective

22
determination of the truth [and] to avoid needless waste of time

in the presentation of a case.” United States v. Castner, 50

F.3d 1267, 1272 (4th Cir. 1995) (quotation marks and alterations

omitted). “ ‘A judge’s ordinary efforts at courtroom

administration--even a stern and short-tempered judge’s ordinary

efforts at courtroom administration--remain immune’ and do not

establish bias or partiality.” Id. at 1274 (quoting Liteky v.

United States, 510 U.S. 540, 556 (1994)).

Titus points solely to evidentiary rulings, which he does

not claim were incorrect, to establish bias. But a district

court is required, even in the absence of objection, to

“exercise reasonable control over the mode . . . of examining

witnesses and presenting evidence so as to: (1) make those

procedures effective for determining the truth; [and] (2) avoid

wasting time.” Fed. R. Evid. 611(a). We cannot accept a

suggestion that the district court erred by following the

Federal Rules of Evidence. Cf. Castner, 50 F.3d at 1272 (“We

find no error in [the district court questioning the relevancy

of an exhibit], as the court was fulfilling its duty to ensure

that the proffered exhibits were relevant before admitting them

into evidence, as required by Fed. R. Evid. 402.”); id. at 1272-

73 (holding that it was not error for “the district court [to]

attempt[] to maintain control over the presentation of evidence

in order to help present a clearer set of facts to the jury, as

23
required by Rules 611(a) and 614(b) of the Federal Rules of

Evidence”). We therefore find no error in the district court’s

conduct.

D.

We next consider whether the district court erred in

restricting Titus’s testimony to slightly more than two full

days. The government’s presentation of evidence spanned the

first 12 days of trial. Titus took the stand in his own defense

on day 13. At the end of day 13, the district court asked

Titus’s counsel how long direct testimony would last. Counsel

replied that it would take “all day tomorrow [day 14] and maybe

somewhat on Friday [day 15].” J.A. 3271. The district court

then informed Titus’s counsel that he would be required to

finish his direct examination of Titus by the end of day 14.

After some back and forth, the district court suggested that it

might allow Titus to testify into day 15. Then, during a

discussion on day 14 on the progress of Titus’s testimony, the

district court gave Titus’s counsel a hard deadline to conclude

Titus’s testimony of 10:45 a.m. (with a start time of 9:30 a.m.)

on day 15. Titus concluded his testimony at 11:00 a.m. on day

15. In total, Titus testified for just less than two-and-one-

half days of trial--the exact amount of time counsel initially

estimated he would need.

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 Titus argues that, in light of the amount of evidence put

on by the government and the complexity of the case, “the amount

of time allowed [for him] to testify was grossly inadequate . .

. and it was an abuse of . . . discretion to impose such time

restrictions.” Appellant’s Br. 46. We disagree.

As noted above, Federal Rule of Evidence 611 instructs the

district court to “exercise reasonable control over the mode . .

. of examining witnesses and presenting evidence so as to: (1)

make those procedures effective for determining the truth; [and]

(2) avoid wasting time.” Fed. R. Evid. 611(a). So long as the

district court gives counsel a full and fair opportunity to

reach all material points, it is not an abuse of discretion to

limit the length of testimony. See United States v. Midgett,

488 F.3d 288, 300 (4th Cir. 2007) (limits on testimony found not

to be an abuse of discretion when, inter alia, defendant did

“not contend that the limits placed on his lawyer’s questioning

of witnesses denied him the opportunity to elicit or attack

evidence”); see also United States v. Carter, 410 F.3d 942, 951

(7th Cir. 2005) (“Simply stated, a criminal defendant does not

have an absolute, unrestrainable right to spew irrelevant--and

thus inadmissible--testimony from the witness stand.”).

Although we remain cognizant of the importance of allowing a

criminal defendant to testify fully on his own behalf, Titus

points to no piece of evidence that he was unable to put before

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the jury because of the district court’s minimal, at best, limit

on his testimony. Accordingly, he cannot show that the

limitation was an abuse of discretion.

E.

We finally consider Titus’s challenges to the sufficiency

of the evidence supporting his convictions. Titus claims the

district court erred in denying his Rule 29 motion for

acquittal. Denial of a Rule 29 motion will be affirmed on

appeal if, “viewing the evidence in the light most favorable to

the government, any rational trier of facts could have found the

defendant guilty beyond a reasonable doubt.” United States v.

Tresvant, 677 F.2d 1018, 1021 (4th Cir. 1982). In assessing the

denial of a Rule 29 motion, this court considers “circumstantial

as well as direct evidence, and allow[s] the government the

benefit of all reasonable inferences from the facts proven to

those sought to be established.” Id. “In reviewing the

sufficiency of the evidence, we are not entitled to weigh the

evidence or to assess the credibility of witnesses, but must

assume that the jury resolved all contradictions . . . in favor

of the government.” United States v. Romer, 148 F.3d 359, 364

(4th Cir. 1998) (quotation marks omitted).

Titus challenges the sufficiency of the evidence put forth

by the government to prove (1) specific intent to defraud for

the mail and wire fraud counts, (2) the presence of a

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conspiracy, and (3) that the money laundering transactions were

conducted with mail/wire fraud proceeds. Titus’s sufficiency

challenge encompasses over 20 convictions but spans only five

pages of his brief. With one exception--Cardwell’s testimony as

to her role in the conspiracy--Titus points to no specific

deficiencies in the government’s evidence, relying instead on

conclusory statements asserting insufficiency. Accordingly, we

reject Titus’s sufficiency challenges in all respects.

1.

We turn first to the evidence of Titus’s specific intent to

defraud. “[S]pecific intent to defraud . . . ‘may be inferred

from the totality of the circumstances and need not be proven by

direct evidence.’ ” Godwin, 272 F.3d at 666 (quoting United

States v. Ham, 998 F.2d 1247, 1254 (4th Cir. 1993)).

As to specific intent, the government has clearly met its

burden, and the district court was correct to deny Titus’s Rule

29 motion on this issue. Titus’s challenge to the sufficiency

of the evidence showing specific intent to defraud consists

entirely of offering another interpretation of his behavior:

The evidence at trial, one by one, was that each
lender and/or investor entered into an agreement with
the defendant, and each lender and/or investor had a
certain expectations [sic] of a particular result.
There was rarely, if ever, a prior agreement or
written instructions. Subsequently, a resulting
dispute about the interpretation of an agreement,
often oral, or joint venture arose. These

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 disagreements and/or alleged breaches of contract are
civil. . . .

The fact that the defendant owes money to a number of
people does not make his actions criminal. These
people have legitimate and arguable claims that they
invested money and did not get it back. There is a
breach of promise, not a scheme to defraud or intent
to defraud--the evidence was devoid of either.

Appellant’s Br. 27-28. Even assuming that this interpretation

is plausible, it does not aid Titus if the government’s

interpretation is also plausible. It is the province of the

jury to decide among competing interpretations of the facts

presented.

There is indisputably support for the government’s

interpretation of facts, i.e., that they demonstrate Titus had

specific intent to defraud his victims. The government

presented a mountain of evidence in this regard, to which Titus

makes no specific challenge. For example, the government

presented sufficient evidence from which the jury could conclude

that Titus was attempting to conceal his actions from his

clients and investors, and thus infer from this an intent to

defraud. See United States v. Ellis, 326 F.3d 550, 554 (4th

Cir. 2003) (holding that attempts to conceal evidence showed

specific intent to defraud). A small sampling of the evidence

bears this out. The jury received evidence that Titus made out

a check from a client’s trust account to a real estate company

and noted on the check, “First Mortgage,” but did not use the

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check to buy real estate for the trust, instead depositing it in

a real estate trust account and using the funds to pay firm

expenses. When confronted by a colleague, Titus falsely stated

that he was buying real estate for the trust. The jury also

heard evidence that Titus presented a form for a client to sign

that would transfer ownership of certain property from the

client to Titus. Contrary to custom, Titus did not include a

description of the property with the form. Titus later attached

to the form a description describing property different from

what Titus had led the client to believe he was transferring.

The government also introduced copious amounts of evidence that

Titus engaged in “lulling” activity, which also evidences a

specific intent to defraud. See United States v. Kelley, 551

F.3d 171, 172 (2d Cir. 2009). These examples alone are

sufficient to support a jury finding of specific intent to

defraud.

2.

Titus also challenges the sufficiency of the evidence

presented by the government to prove that Titus engaged in a

conspiracy with Cardwell to commit mail and wire fraud. Titus

claims that the evidence only supported a conspiracy between

Cardwell and Titus to “ma[ke] certain representations in certain

documents/loan applications,” but not to commit mail or wire

29
fraud. Appellant’s Br. 28. This is a distinction without a

difference.

To prove a conspiracy, the government need not prove that

each coconspirator engaged in each act of the enterprise. On

the contrary, it is well settled that a particular coconspirator

“need not be involved in every phase of [the] conspiracy to be

deemed a participant” in a single, ongoing conspiracy. United

States v. Leavis, 853 F.2d 215, 218 (4th Cir. 1988). To prove a

conspiracy, the government need only show an overlap of key

actors, methods, and goals, indicating one overall agreement or

one general business venture. See, e.g., United States v.

Smith, 451 F.3d 209, 218 (4th Cir. 2006); United States v.

Pratt, 351 F.3d 131, 140 (4th Cir. 2003).

Here, the jury could reasonably conclude that Titus and

Cardwell were working together in one general business venture

that depended on mail and wire fraud for its success. Cardwell

testified that she helped Titus conduct straw purchases of

property to obtain money from mortgage lenders. These funds

were then used, in part, to make lulling payments to his other

victims. Evidence also showed that Cardwell assisted Titus in

defrauding Mary Honning by use of the wires. This evidence is

sufficient for a reasonable jury to conclude that Titus and

Cardwell had agreed to participate in a scheme to defraud

furthered by the use of the mail and wires.

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 3.

Titus’s final sufficiency challenge involves his

convictions for money laundering. This challenge, however,

relies completely on the earlier challenge to sufficiency of the

evidence demonstrating Titus’s specific intent to defraud in the

mail and wire fraud counts. Because that earlier challenge

failed, this challenge must necessarily also fail.

III.

For the foregoing reasons, we affirm the district court in

all respects.

AFFIRMED

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