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United States v. Varoudakis | 233 F.3d 113 (2000)

Federal Rule of Evidence Four Oh Four Bee limits the extent to which evidence of someone’s prior bad acts may be admitted at trial. Of course, evidence that is admissible under Rule Four Oh Four Bee may still be excluded if it fails the Rule Four Oh Three balancing test, as United States versus Varoudakis illustrates.

In April of nineteen ninety-five, somebody set fire to a Boston restaurant and nightclub called Destinations. Subsequently, the government charged the owner, George Varoudakis, with arson and conspiracy to commit arson in federal district court. The government’s theory was that Varoudakis had hired someone to burn down Destinations for the insurance money.

During trial, Varoudakis’s longtime girlfriend and suspected coconspirator in the Destinations arson, Cheryl Britt, took the stand. Britt testified that, in December of nineteen ninety-three, Varoudakis set fire to his leased Cadillac for financial reasons, expecting insurance to cover the loss. Britt further testified, and no evidence contradicted, that although she watched Varoudakis do this, she had nothing to do with the car fire. After Britt was done testifying, a police officer testified to investigating a car fire that matched her story.

Jury deliberations continued for three days, during which the jury reached an impasse before finding Varoudakis guilty as charged. Varoudakis appealed to the First Circuit, arguing that the district court erred by admitting the car-fire evidence.

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