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37. Is the evidence of the defendant's involvement in the earlier scheme admissible?
A defendant who is an accountant has been charged with fraud for allegedly helping a client file false income tax returns by shifting substantial medical expenses from one year to another. The defendant has pleaded not guilty, claiming that he made an honest mistake as to the date the expenses were paid. At trial, the prosecutor offers evidence of the defendant's involvement in an earlier scheme to help a different client falsify tax returns in the same way.
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A is incorrect. Prior bad acts evidence is considered character evidence. However, when such evidence is used for a purpose other than proving character, the evidence may be admissible. Here the evidence is used to show a lack of mistake.
B is incorrect. Relevant evidence is evidence having any tendency to make the existence of any fact more or less probable than it would be without the evidence. Even relevant evidence may be excluded if it is deemed too prejudicial. In this case, the evidence is extremely relevant, and it may be admissible as a prior bad act.
D is incorrect. Rule 404(a) prohibits the use of character evidence to show proof of conduct. When evidence of prior bad acts is offered for a different reason, other than to prove character by conduct, it may be admissible.