United States v. Campbell

142 F. Supp. 3d 298, 2015 WL 6757325
CourtDistrict Court, E.D. New York
DecidedNovember 5, 2015
DocketNo. 15-CR-121 ILG
StatusPublished

This text of 142 F. Supp. 3d 298 (United States v. Campbell) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Campbell, 142 F. Supp. 3d 298, 2015 WL 6757325 (E.D.N.Y. 2015).

Opinion

MEMORANDUM & ORDER

GLASSER, Senior District Judge:

Defendant Errol Campbell, an accountant, was convicted of preparing false tax returns for his clients. At trial, evidence that Campbell fabricated a tax return for an undercover agent was offered, under Rule 404(b) of the Federal Rules of Evidence, for the limited purpose of proving knowledge, intent, or lack of mistake. In a post-trial motion seeking a judgment of acquittal or new trial, Campbell challenges (1) the admission of that evidence; (2) the jury instructions limiting the purpose of that evidence; and (3) the sufficiency of the evidence in general. For the reasons stated below, these claims are meritless, and the motion is DENIED.

1. Background

Campbell was charged with 19 counts of aiding and assisting in the preparation of false federal tax returns, in violation of 26 U.S.C. § 7206(2). The indictment alleged that Campbell knowingly and willfully prepared 19 false tax returns on behalf of five clients between 2008 and 2011': he inflated two kinds of deductions — charitable contributions and employment expenses — and thus secured larger refunds for his clients (or reduced their liabilities). Dkt. No. 1.

At trial, direct evidence of the charged conduct included testimony from five of Campbell’s clients and copies of the 19 tax returns. The clients testified that each return reported thousands of dollars in false charitable contributions, employment expenses, or' both, and that Campbell prepared the returns himself or falsified the deductions without their input or documentation. Tr. at 162, 169, 192, 202, 204, 206, 222-24, 233, 238-39, 248, 271-72. Moreover, Campbell admitted to falsifying those two kinds of deductions on his clients’ returns,. in an interview with Internal Revenue Service (IRS) Special Agent Frank DiMare.. Tr. at 61.1

There was also evidence of an undercover operation, during which Campbell falsified an undercover agent’s tax return. Before trial, this evidence was the subject of an in limine• ruling to admit evidence under Rule 404(b) of the Federal Rules of Evidence, as proof, that Campbell acted willfully and knowingly when he prepared the retqrns charged in the indictment. Dkt. No. 43. Campbell now renews his challenge to this evidence.

The challenged evidence began with testimony by Special Agent Dimare, who [300]*300planned and listened to the undercover operation as it was being recorded. Tr. at 34, 37. . He testified that although the undercover agent told Campbell that she had no charitable contributions or employment expenses, Campbell claimed $10,000 of those deductions on her return. Tr. at 38, 40. When the agent questioned the deductions, Campbell said that they were “just some small deductions” and that he “hooked her up.” Id. He did not review the return with Her. A copy of the return and a recording of the operation were admitted into evidence. Tr. at 42, 51; see Gov’t Ex. 1A & IB. The defense did not request a limiting instruction. See Tr. at 34-51.

Later that; day (after Dimare testified about other aspects of his investigation, Tr. at 51-105, and IRS Special Agent Frank Stamm testified as an expert in tax computation, Tr. at 106-116), the recording of the undercover operation was played for the jury. Tr, at 120-21. Afterwards, Campbell requested a limiting instruction. Tr. at 123. The Court declined to give an instruction at that time, permitting Special Agent Stamm, the last witness of the day, to finish testifying. Id. at 123-24; see id. at 125-39.

The limiting instruction was given the next morning, as soon as the jury entered the courtroom. Tr. at' 156-58.' The jury was told that evidence of the sting was “received for a very limited purpose” of assessing Campbell’s knowledge, intent, or absence of mistake, and “not [as] proof of the defendant’s guilt of the crimes with which he’s charged.” Id.

The instruction was repeated the next day, during the jury charge. The charge explained at length that evidence of the sting was received “not ... for the purpose of establishing that the defendant has an inclination or a disposition to commit crimes [or] to establish that he has a bad character,” but rather “for the purpose of permitting the jury to infer that he had the necessary intent; that he had the necessary knowledge; that it wasn’t a mistake that was committed when he committed the crime.” Tr. at 377; accord id. at 376-79.

The jury returned a guilty verdict on all counts.

2. Discussion

Campbell moves for a judgment of acquittal, or, alternatively, a new trial, under Rules 29 and 33 of the Federal Rules of Criminal Procedure. Dkt. No. 58. He makes three claims: (1) that evidence of the undercover operation was improperly admitted; (2) alternatively, that the limiting instruction was insufficient; and (3) that there was insufficient evidence to support the verdict. Each is addressed in turn.

2.1 Evidence of the Undercover -Meeting Was Properly Admitted

Evidence that Campbell knowingly and intentionally falsified the undercover agent’s tax return was properly admitted under Rule 404(b).

Rule 404(b) permits evidence of other acts for the purpose of “proving motive, opportunity, intent, -preparation, plan, knowledge, identity,-absence of mistake, or lack of accident.” Fed.R.Evid. 404(b)(2). Other-act evidence is admissible so long as it “does not serve the sole purpose of showing the defendant’s bad character and ... is neither overly prejudicial under Rule 403 nor irrelevant under Rule 402.” United States v. Curley, 639 F.3d 50, 56 (2d Cir.2011). Other-act evidence is relevant if it provides “a reasonable basis for inferring knowledge or intent.” United States v. Cadet, 664 F.3d 27, 32 (2d Cir.2011). The other act “need not be identical to the charged conduct,” [301]*301just “sufficiently similar” to support the state-of-mind inference. Id. at 32-33.

It is hard to imagine a more clear-cut example of appropriate Rule 404(b) evidence than the evidence challenged here. Campbell inflated the undercover agent’s charitable-contribution and employment-expense deductions on his own volition, and did not tell her about the false deductions or ask her to review them. In sum, Campbell knowingly and intentionally falsified the agent’s return. That return and evidence of the undercover meeting are therefore highly probative of Campbell’s knowledge, intent, and lack of mistake in preparing similar false returns for his clients. That evidence supports the inference that the clients’ returns, too, were knowingly and intentionally falsified. See Cadet,

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Related

United States v. Davis
363 F. App'x 781 (Second Circuit, 2010)
United States v. Curley
639 F.3d 50 (Second Circuit, 2011)
United States v. Cadet
664 F.3d 27 (Second Circuit, 2011)
United States v. Oskowitz
294 F. Supp. 2d 379 (E.D. New York, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
142 F. Supp. 3d 298, 2015 WL 6757325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-campbell-nyed-2015.