U.S. v. Thomas

In prosecution on mail fraud charge stemming from defendant’s setting of fires to several properties in order to collect insurance money, Dist. Ct. did not err in admitting evidence that defendant set six fires, since, although defendant asserted that said fires constituted discrete episodes of alleged criminality that constituted improper character evidence under Rule 404(b), Dist. Ct. could properly find that such evidence was admissible as part of defendant’s mail fraud scheme. Under Davis, 471 F.3d 783, “scheme” is defined as continuing course of conduct during discrete period of time that can involve several acts by actor, playing same role and done in similar way, and Dist. Ct. could properly find instant six fires that included two diversionary fires, which occurred between 2010 and 2013, were part of charged scheme to defraud, where they were similar occurrences designed to defraud insurance company in similar way and took place during relatively short period of time. Also, Dist. Ct. did not err in admitting evidence of fire that occurred in 2004 for purposes of establishing identity and intent, since 2004 fire was particularly similar to 2010-2013 fires, where 2004 fire occurred less than 30 days after defendant's renewal of insurance policy and in same location as one 2013 fire.