West Case Update

Book Authored by Defendant May Be Used in Evidence against Him

Description
Appeals court upheld a conviction for fraud. To bolster the case against defendant, a book he authored that described the fraud could be used as evidence to show that he understood the scheme very well.

Topic Criminal Law

Key Words
Bank Fraud; Mail Fraud; Evidence; Prejudice

C A S E S U M M A R Y

Facts
Fraser wrote a book, The Birth of a Criminal, under the name Asante Kahari. The book describes the exact counterfeit-check scheme Fraser was convicted of performing. The book was used as evidence at trial. Fraser appealed the conviction, contending that it was reversible error for the trial court to admit portions of the book into evidence and caused the jury to be prejudiced.

Decision
Affirmed. The book was properly admitted as evidence to help establish the defendant’s guilt. There was no question the defendant authored the book; it served, with other evidence, to rebut the defendant’s contention that he did not understand the fraud scheme that occurred. The value of the book as evidence outweighs the risk of prejudice.

Citation
U.S. v. Fraser, 448 F.3d 833 (6th Cir., 2006)

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Book Authored by Defendant May Be Used in Evidence against Him
Description	Appeals court upheld a conviction for fraud. To bolster the case against defendant, a book he authored that described the fraud could be used as evidence to show that he understood the scheme very well.
Topic	Criminal Law
Key Words	Bank Fraud; Mail Fraud; Evidence; Prejudice
C A S E S U M M A R Y
Facts	Fraser wrote a book, The Birth of a Criminal, under the name Asante Kahari. The book describes the exact counterfeit-check scheme Fraser was convicted of performing. The book was used as evidence at trial. Fraser appealed the conviction, contending that it was reversible error for the trial court to admit portions of the book into evidence and caused the jury to be prejudiced.
Decision	Affirmed. The book was properly admitted as evidence to help establish the defendant’s guilt. There was no question the defendant authored the book; it served, with other evidence, to rebut the defendant’s contention that he did not understand the fraud scheme that occurred. The value of the book as evidence outweighs the risk of prejudice.
Citation	U.S. v. Fraser, 448 F.3d 833 (6th Cir., 2006)