[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 19-12272 ________________________

D.C. Docket No. 1:18-cr-20530-UU-1

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JAVIER ESTEPA, DIEGO ALEJANDRO ESTEPA VASQUEZ,

Defendants - Appellants.

________________________

Appeals from the United States District Court for the Southern District of Florida ________________________

(May 25, 2021) Before LAGOA, ANDERSON, and MARCUS, Circuit Judges. LAGOA, Circuit Judge: USCA11 Case: 19-12272 Date Filed: 05/25/2021 Page: 2 of 30

Javier Estepa and his brother, Diego Estepa-Vasquez, appeal their convictions and sentences for conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; and wire fraud, in violation of 18 U.S.C. § 1343. Specifically, the brothers argue that the evidence at trial was not legally sufficient to warrant those convictions because (1) the conduct the government alleged, even if true, did not constitute a fraudulent scheme; and (2) the government did not prove that the brothers had the requisite mens rea. For the reasons discussed below, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND

Javier1 owns Aaron Construction Group, Inc. (“Aaron Construction”), which he operates with Diego. Aaron Construction’s business included contracting with Miami-Dade County (the “County”) to perform repair work in public housing units that were partially funded by the federal government.

The essential facts, viewed in light most favorable to the government, are as follows. Aaron Construction successfully won its bids on the three Requests for Price Quotes (“RPQ”) specified in the second superseding indictment. In 2014, Aaron Construction won its bid on RPQ #152574. In 2015, Aaron Construction won its bid on RPQ #158639. And, in 2016, it won its bid on RPQ #171090. The County

1 For ease of reference, we refer to the defendants by their first names, Javier and Diego.

2 USCA11 Case: 19-12272 Date Filed: 05/25/2021 Page: 3 of 30

paid Aaron Construction a total of $3,977,438.47 from January 2014 through September 2016 for these bids.

To obtain a contract for a project that involves more than $2,000 in federal funds, the contractor must agree to comply with the Davis-Bacon Act (the “Act” or “Davis-Bacon”), which requires contractors and subcontractors to pay mechanics and laborers the prevailing local wage for their work, as determined by the United States Secretary of Labor.2 40 U.S.C. § 3142(a)–(b). The Act and its implementing regulations include several mechanisms to encourage and monitor compliance. For example, contractors must, on a weekly basis, create and preserve a certified payroll document that lists all employees, their hours worked, and their pay rate. See 40 U.S.C. § 3145(a); 29 C.F.R. § 3.4(b). Knowingly and willfully submitting a materially false certified payroll statement is a felony. See 40 U.S.C. § 3145(b); 18 U.S.C. § 1001. If the contractor pays covered employees at a rate lower than the prevailing local wage, the contracting agency may withhold from the contractor the amount that should have been paid to the employees. See 40 U.S.C. § 3142(c)(3). The contracting agency may also terminate the contract for non-compliance with the

2 By its terms, the Act applies only to contracts to which the federal government