MANSFIELD, Circuit Judge:
Ekram Manafzadeh appeals from his conviction after a jury trial in the United States District Court for the Southern District of New York, Richard Owen, Judge, on two counts of unlawfully transporting or causing to be transported in interstate commerce falsely made checks in violation of 18 U.S.C. §§ 2314 and 2.1 Manafzadeh was sentenced to concurrent five-year terms of imprisonment on each count and is presently serving his sentence.2 On appeal, Manafzadeh raises five issues, the primary one being the Government’s use in its case-in-[84]*84chief of evidence of subsequent crimes by the defendant. Since we conclude that the admission of the other-crimes evidence was improper in this case, we reverse the conviction and remand for a new trial.
In September, 1976, Hossein Mohammad Kia,3 an Iranian citizen, entered the United States and checked into the Hilton Hotel, Washington, D.C. While Kia was still in Washington, Manafzadeh, also Iranian, traveled from New York City to Washington and also stayed at the Hilton Hotel from September 21 to September 24, 1976. On September 28, 1976, Kia, accompanied by an interpreter,4 went to the Chase Manhattan Bank (hereinafter called “the Chase bank”) at 410 Park Avenue in New York City and opened an international checking account in the name of Mehdi H. Barkhordar. In support of his application to open the account Kia produced a false passport and gave a temporary local address, false bank references and false employment information. He also made an initial deposit of $2,000.
On October 12, 1976, Kia and his interpreter deposited six counter checks in the Barkhordar account, three drawn on a nonexistent account at the First National Bank of Miami, and three bearing unauthorized signatures for an account at the First National Bank of Chicago.5 Each of the six checks was made payable to “Mehdi H. Barkhordar” in the amount of $950,000, resulting in fraudulent deposits totalling $5,700,-000. The dollar amounts on the six fraudulent checks were imprinted by a Hall-Welter Speedrite checkwriter of the 900 or 914 series. At the time when the checks were drawn Aminco Trading Company (hereinafter called “Aminco”), which is wholly owned by Manafzadeh, had a Hall-Welter Speedrite 914 checkwriter at its office,6 which had been purchased in May, 1976. Manafzadeh’s fingerprint was found on both the checkwriter and one of the fraudulent Miami checks. After deposit, the checks were transmitted through interstate commerce to the respective drawee banks, where payment was refused.
On October 18, 1976, Kia and his interpreter went back to the Chase bank in New York and had that bank certify five checks drawn on the Barkhordar account for a total of $2,717,500.7 On that same day four of the certified checks were deposited in Aminco accounts in three different banks in New York City. The fifth certified check in the sum of $650,000 was wired by Kia through Western Union to Las Vegas, where Kia, upon receiving money orders from Western Union for the full amount less telegraphic charges,8 kept $44,219.35 for personal use. The remaining $600,000 was returned to New York City in the form of 10 Western Union drafts and deposited in an Aminco bank account on October 21, 1976. The Government’s contention at trial was that Manafzadeh was the behind-the-scene “brain” of this scheme and its implementation by Kia and his interpreter.
[85]*85The defense consisted largely of testimony by Kia, who stated that he had participated in the check fraud with two Americans he knew only by first name and that Manafzadeh was not part of the conspiracy. Kia claimed that he first met Manafzadeh on October 18 when Kia went to the Aminco office under the name of Barkhordar to purchase Iranian bonds, having been referred there by the Iranian Embassy. The certified checks allegedly were given to Manafzadeh as payment for the Iranian bonds, $765,000 worth of bonds having been given to Kia on the spot and the remaining $1,295,000 worth to be delivered to Kia in Iran by Manafzadeh’s agent.9
When the Case bank learned of its mistaken certification of the checks, it traced them to the Aminco bank accounts and had those assets frozen by the respective banks. A representative of the Chase bank then negotiated with Manafzadeh for the return to Chase of the funds realized from the deposit of the certified checks.10 Eventually $1,902,500 was returned; the remaining $765,000 Manafzadeh kept, claiming it was proper payment for the $765,000 worth of bonds sold by him to Kia.
Thus Manafzadeh’s defense was not that he had innocently or mistakenly participated in the preparation or deposit of any of the six falsely made checks charged in the indictment, which were deposited in the Barkhordar account with Chase. His defense was that he had never been involved in the creation or negotiation of these fraudulent checks at all. He admitted that at a later point he had innocently accepted the certified checks drawn on the fraudulent Barkhordar account but contended that he had received these checks in payment for Iranian bonds sold to Kia.
The subsequent other-crimes evidence was introduced by the Government as part of its case-in-chief and admitted over the objection of Manafzadeh’s counsel. According to the testimony of one Matavossian, in February of 1977, approximately four months after the events forming the basis of the indictment, the defendant Manafzadeh tried to recruit him to deposit $10,000 in a bank, using a false name and passport, and then withdraw $50,000 in cash and $2,950,000 in travelers checks. The details of the scheme were never fully explained and the plan was never carried out, although Matavossian testified he was given a false passport. The witness also testified that Manafzadeh told him that the plan was not dangerous because “it has been done several times and nothing has happened.” Matavossian also testified that in May of 1977, seven months after the crimes alleged in the indictment, the defendant tried to get Matavossian to purchase some jewelry, using certified checks bearing a counterfeit bank certification. The bill for the rubber stamps apparently used to create the certification was found on Manafzadeh when he was arrested for this subsequent other crime.11
Manafzadeh’s counsel objected to the admission of proof of the defendant’s subsequent crimes, arguing that this was irrelevant to the only issue in the case, which was whether he had participated in the creation or deposit of the forged cheeks placed in the Barkhordar account with Chase, the interstate transportation of which was the charge in the indictment. Defense counsel repeatedly offered to stipulate that if the jury found that Manafzadeh had participated in the creation or deposit of the forged cheeks, then he would concede that the acts had been done with the necessary criminal intent, which would remove any possible contest as to his intent.
[86]
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MANSFIELD, Circuit Judge:
Ekram Manafzadeh appeals from his conviction after a jury trial in the United States District Court for the Southern District of New York, Richard Owen, Judge, on two counts of unlawfully transporting or causing to be transported in interstate commerce falsely made checks in violation of 18 U.S.C. §§ 2314 and 2.1 Manafzadeh was sentenced to concurrent five-year terms of imprisonment on each count and is presently serving his sentence.2 On appeal, Manafzadeh raises five issues, the primary one being the Government’s use in its case-in-[84]*84chief of evidence of subsequent crimes by the defendant. Since we conclude that the admission of the other-crimes evidence was improper in this case, we reverse the conviction and remand for a new trial.
In September, 1976, Hossein Mohammad Kia,3 an Iranian citizen, entered the United States and checked into the Hilton Hotel, Washington, D.C. While Kia was still in Washington, Manafzadeh, also Iranian, traveled from New York City to Washington and also stayed at the Hilton Hotel from September 21 to September 24, 1976. On September 28, 1976, Kia, accompanied by an interpreter,4 went to the Chase Manhattan Bank (hereinafter called “the Chase bank”) at 410 Park Avenue in New York City and opened an international checking account in the name of Mehdi H. Barkhordar. In support of his application to open the account Kia produced a false passport and gave a temporary local address, false bank references and false employment information. He also made an initial deposit of $2,000.
On October 12, 1976, Kia and his interpreter deposited six counter checks in the Barkhordar account, three drawn on a nonexistent account at the First National Bank of Miami, and three bearing unauthorized signatures for an account at the First National Bank of Chicago.5 Each of the six checks was made payable to “Mehdi H. Barkhordar” in the amount of $950,000, resulting in fraudulent deposits totalling $5,700,-000. The dollar amounts on the six fraudulent checks were imprinted by a Hall-Welter Speedrite checkwriter of the 900 or 914 series. At the time when the checks were drawn Aminco Trading Company (hereinafter called “Aminco”), which is wholly owned by Manafzadeh, had a Hall-Welter Speedrite 914 checkwriter at its office,6 which had been purchased in May, 1976. Manafzadeh’s fingerprint was found on both the checkwriter and one of the fraudulent Miami checks. After deposit, the checks were transmitted through interstate commerce to the respective drawee banks, where payment was refused.
On October 18, 1976, Kia and his interpreter went back to the Chase bank in New York and had that bank certify five checks drawn on the Barkhordar account for a total of $2,717,500.7 On that same day four of the certified checks were deposited in Aminco accounts in three different banks in New York City. The fifth certified check in the sum of $650,000 was wired by Kia through Western Union to Las Vegas, where Kia, upon receiving money orders from Western Union for the full amount less telegraphic charges,8 kept $44,219.35 for personal use. The remaining $600,000 was returned to New York City in the form of 10 Western Union drafts and deposited in an Aminco bank account on October 21, 1976. The Government’s contention at trial was that Manafzadeh was the behind-the-scene “brain” of this scheme and its implementation by Kia and his interpreter.
[85]*85The defense consisted largely of testimony by Kia, who stated that he had participated in the check fraud with two Americans he knew only by first name and that Manafzadeh was not part of the conspiracy. Kia claimed that he first met Manafzadeh on October 18 when Kia went to the Aminco office under the name of Barkhordar to purchase Iranian bonds, having been referred there by the Iranian Embassy. The certified checks allegedly were given to Manafzadeh as payment for the Iranian bonds, $765,000 worth of bonds having been given to Kia on the spot and the remaining $1,295,000 worth to be delivered to Kia in Iran by Manafzadeh’s agent.9
When the Case bank learned of its mistaken certification of the checks, it traced them to the Aminco bank accounts and had those assets frozen by the respective banks. A representative of the Chase bank then negotiated with Manafzadeh for the return to Chase of the funds realized from the deposit of the certified checks.10 Eventually $1,902,500 was returned; the remaining $765,000 Manafzadeh kept, claiming it was proper payment for the $765,000 worth of bonds sold by him to Kia.
Thus Manafzadeh’s defense was not that he had innocently or mistakenly participated in the preparation or deposit of any of the six falsely made checks charged in the indictment, which were deposited in the Barkhordar account with Chase. His defense was that he had never been involved in the creation or negotiation of these fraudulent checks at all. He admitted that at a later point he had innocently accepted the certified checks drawn on the fraudulent Barkhordar account but contended that he had received these checks in payment for Iranian bonds sold to Kia.
The subsequent other-crimes evidence was introduced by the Government as part of its case-in-chief and admitted over the objection of Manafzadeh’s counsel. According to the testimony of one Matavossian, in February of 1977, approximately four months after the events forming the basis of the indictment, the defendant Manafzadeh tried to recruit him to deposit $10,000 in a bank, using a false name and passport, and then withdraw $50,000 in cash and $2,950,000 in travelers checks. The details of the scheme were never fully explained and the plan was never carried out, although Matavossian testified he was given a false passport. The witness also testified that Manafzadeh told him that the plan was not dangerous because “it has been done several times and nothing has happened.” Matavossian also testified that in May of 1977, seven months after the crimes alleged in the indictment, the defendant tried to get Matavossian to purchase some jewelry, using certified checks bearing a counterfeit bank certification. The bill for the rubber stamps apparently used to create the certification was found on Manafzadeh when he was arrested for this subsequent other crime.11
Manafzadeh’s counsel objected to the admission of proof of the defendant’s subsequent crimes, arguing that this was irrelevant to the only issue in the case, which was whether he had participated in the creation or deposit of the forged cheeks placed in the Barkhordar account with Chase, the interstate transportation of which was the charge in the indictment. Defense counsel repeatedly offered to stipulate that if the jury found that Manafzadeh had participated in the creation or deposit of the forged cheeks, then he would concede that the acts had been done with the necessary criminal intent, which would remove any possible contest as to his intent.
[86]*86The trial judge nevertheless admitted the subsequent-crimes evidence with an instruction that it was to be considered by the jury “only in deciding the question of the defendant’s intent on the crime charged in the indictment,” (i. e., the transportation of the six forged checks in interstate commerce), provided the Government proved by other evidence that Manafzadeh had “transported or caused the transportation of the forged Chicago and Miami checks in interstate commerce,” (T. 236-37). In his summation the prosecutor dwelt at length on the subsequent-crimes evidence. From his resulting conviction Manafzadeh appeals.
DISCUSSION
Defendant’s principal contention is that the district court committed reversible error in admitting evidence of his subsequent other crimes. Such evidence, of course, is not admissible to show that a defendant had a bad character or propensity to commit the crime in issue, although it may be admissible for some other relevant purpose. Fed.R.Evid. 404(b).12 See United States v. O’Connor, 580 F.2d 38, 40 (2d Cir. 1978); United States v. Knuckles, 581 F.2d 305, 314 (2d Cir. 1978); United States v. Williams, 577 F.2d 188, 191 (2d Cir. 1978); United States v. Benedetto, 571 F.2d 1246, 1248 (2d Cir. 1978); United States v. Gubelman, 571 F.2d 1252, 1254 (2d Cir. 1978); United States v. Cavallaro, 553 F.2d 300, 305 (2d Cir. 1977); United States v. Grady, 544 F.2d 598, 604-05 (2d Cir. 1976); United States v. Magnano, 543 F.2d 431, 435 (2d Cir. 1976), cert. denied, 429 U.S. 1091, 97 S.Ct. 1100, 51 L.Ed.2d 536 (1977). While we have taken the “inclusionary” approach to this rule, United States v. O’Connor, supra, 580 F.2d at 40, United States v. Benedetto, supra, 571 F.2d at 1248, we have also recognized that such other-crime evidence may not be received unless it is relevant to an actual issue in the case and unless its probative value on that issue is not outweighed by its unfair prejudice to the defendant. See United States v. O’Connor, supra, 580 F.2d at 40-43; United States v. Knuckles, supra, 581 F.2d at 314; United States v. Williams, supra, 577 F.2d at 191; United States v. Benedetto, supra, 571 F.2d at 1248; United States v. Gubelman, supra, 571 F.2d at 1254; United States v. Cavallaro, supra, 553 F.2d at 305; United States v. Grady, supra, 544 F.2d at 604—05. See also Fed.R.Evid. 493.13
There is no presumption that such other-crimes evidence is relevant. United States v. O’Connor, supra, 589 F.2d at 40; United States v. Benedetto, supra, 571 F.2d at 1248. “[C]aution and judgment are called for, and a trial judge faced with an other crimes evidence problem should require the Government to explain why the evidence is relevant and necessary.” United States v. O’Connor, supra, 580 F.2d at 43. Otherwise, of course, the accused might be convicted because of his participation in the other crimes rather than because he is guilty beyond a reasonable doubt of the crime alleged.
In the present case Judge Owen admitted the subsequent other-crimes evidence only as relevant to show that Manafzadeh had the intent to commit the crime alleged (i. e., creating or causing the transportation of the six fraudulent checks) and he so instructed the jury.14 The issue be[87]*87fore the jury, however, was not Manafzadeh’s intent but whether he had anything to do with the creation or deposit of the six fraudulent checks alleged in the indictment or the use of those checks to defraud the Chase Manhattan Bank. His counsel advised the court that if the jury found that he had created the checks or had caused , them to be deposited, which was the Government’s theory of the ease, Manafzadeh was willing to stipulate that he had the requisite intent.15
There was no assertion to the effect that Manafzadeh may have participated in the creation or use of the six fraudulent checks but that he did not realize that they were written on a nonexistent account or that the signatures on the checks were unauthorized. Nor did Manafzadeh defend himself on a theory that he did not intend the six phony checks to be deposited. His defense was simply that he had nothing to do with the creation of these fraudulent cheeks or the use of these checks to defraud Chase Manhattan Bank.
Nor does Manafzadeh's argument that he later received as payment for bonds the five validly certified checks issued by Chase Manhattan bring intent back into the case. The trial judge specifically limited the jury to consideration of the evidence in deciding Manafzadeh’s intent if it should find that he caused the transportation of the forged Chicago and Miami checks in interstate commerce16 and further specifically instructed the jury that Manafzadeh was not being charged with receiving stolen goods.17 Defense counsel did not argue the issue of intent to the jury, having already informed the district court that if the jury found the defendant had created the checks or caused them to be deposited, which was the Government’s theory of the case, Manafzadeh would stipulate to the requisite intent.
The present case is governed by United States v. O’Connor, supra, and United States v. Benedetto, supra. In both of those cases, the defendant was a federal meat inspector accused of taking bribes, and the prosecution used evidence of alleged other bribes not charged in the indictment to bolster its case, arguing that the other-crimes evidence was relevant to intent. But in both cases, this court found that rationale unavailable. “Defendant did not claim that he took the money . innocently or mistakenly. He claimed that he did not take the money at all. Knowledge and intent, while technically at issue, were not really in dispute . . . .” United States v. Benedetto, supra, 571 F.2d at 1249, quoted in United States v. O’Connor, supra, 580 F.2d at 41. “fOjther crimes evidence is inadmissible to prove intent when that issue is not really in dispute.” United States v. Williams, supra, 577 F.2d at 191. In the present case intent was not in dispute and any doubt about its nonexistence as an issue was dispelled by the offer of the defendant to stipulate to the existence of the requisite intent if the other elements of the offense should be found. Cf. United States v. Williams, supra, 577 F.2d at 191 (other-crimes evidence held admissible on issue of intent where defendant’s conduct was subject to innocent interpretation, he presented no evidence and did not “affirmatively take the issue of intent out of the case”). The present case is thus distinguishable from cases such as United States v. Cavallaro, supra, where after a defendant charged with kidnapping put his intent in issue by claiming in his defense that the victim had voluntarily accompanied him, the court held that evidence of a later abduction at gunpoint was admissible on the issue of intent.
[88]*88The Government now argues for the first time on appeal that the subsequent other-crimes evidence was admissible to show Manafzadeh’s knowledge at the time he received the certified Chase checks that they were fraudulently obtained from the bank.18 However, Manafzadeh’s knowledge that he was receiving proceeds fraudulently obtained from the Chase bank was not an element of the offense charged in the indictment and was not relevant to the charge against him, namely that at a much earlier point in time he had violated 18 U.S.C. § 2314 by causing the forged Miami and Chicago checks to be created and placed in interstate commerce. Cf. United States v. Johnson, 504 F.2d 622, 626 (7th Cir. 1974) (per curiam); United States v. Greene, 442 F.2d 1285, 1287 (10th Cir. 1971). Since knowledge at the later time of receipt that the proceeds had been fraudulently obtained was not a relevant issue in the case, the subsequent-acts evidence was not admissible for that collateral purpose.
The Government also argued at trial that the subsequent other-crimes evidence was admissible to show a plan or the absence of mistake.19 These theories are inapplicable. The two subsequent crimes, one of which occurred some four months and the other at least seven months after the crimes alleged in the indictment, were not part of “a connected or inseparable transaction,” in which all the crimes figured, nor do they constitute a continuing scheme or conspiracy. United States v. O’Connor, supra, 580 F.2d at 41. They were entirely separate, later transactions. The other-crimes evidence, therefore, simply is not probative of the existence of any plan involving the creation and transportation in interstate commerce of the fraudulent checks in the present case. On the contrary, Matavossian’s testimony itself indicates that the two alleged other crimes were wholly unconnected transactions in which neither of the two other persons charged in the present indictment — Kia and Belat — played any part. Thus the evidence is not admissible under a theory of common scheme or plan. Nor was there ever any defense to the effect that if Manafzadeh had committed any of the acts alleged here, he did so by mistake or accident (to the extent the Government means something different from its argument concerning intent and knowledge).20 The sole defense was that he did not participate at all in the acts alleged in the indictment.
Although the Government has not asserted here or below any of the other common justifications for use of other-crimes evidence, we note for purposes of retrial that none of them are available.21 The evidence is not relevant to any issue of motive, opportunity or preparation, and there is no issue of identity raised in the case. Nor does the other-crimes evidence corroborate any significant or consequential testimony at trial. See United States v. O’Connor, supra, 580 F.2d at 43. The two subsequent other crimes do not demonstrate a unique scheme or pattern, which is sometimes referred to as a “signature” of the party charged. The scheme charged in the indictment involved depositing phony [89]*89checks in a bank account and then getting the bank to issue valid certified checks based on the appearance of a sufficient balance in the account due to the fraudulent checks. The alleged May, 1977, crime involved writing fraudulent checks, forging a certification stamp on to the checks, and then using the falsely certified checks to “buy” jewels. While in both instances fraudulent checks are involved, the nature of the fraud, the method of using the checks, the type of proceeds to be obtained, and the type of target for the crime differ greatly. As for the alleged February, 1977, attempted crime, Matavossian simply did not testify in sufficient detail regarding the method to be used to defraud the bank to warrant a finding of a unique scheme. A “plan” to withdraw more money than is in an account by itself is not exactly unique. Cf. United States v. O’Connor, supra, 580 F.2d at 42 (nothing unique about receiving bribes in cash without spectators or conversation); United States v. Benedetto, supra, 571 F.2d at 1249 (same).
The Government also asserted below that part of the February evidence was admissible as an admission by the defendant, and that claim is again raised here. Matavossian testified that when he asked if the February scheme was dangerous he was told “it has been done several times and nothing has happened.” Judge Owen denied the Government’s request for a charge to the jury that this could be considered an admission, although he earlier had indicated that the statement “appears to be” an admission.22 We agree that the statement is an admission, Fed.R.Evid. 801(d)(2). However, we leave it to the district court on retrial to decide whether the probative value of the evidence outweighs the danger of unfair prejudice. Fed.R.Evid. 403.
Even if the February other-act evidence is admissible as an admission but not as other-crimes evidence pursuant to Fed.R. Evid. 404(b), there is no doubt that the admission of the May subsequent act evidence was erroneous and highly prejudicial to the defendant. It served to direct the jury’s attention away from the offenses charged to a crime not charged which was not relevant to any issue in contention at trial, thus giving the jury the opportunity to draw the impermissible inference that because the defendant apparently acted unlawfully on a much later occasion and in a different way, he must have committed the earlier unlawful acts alleged in the present case. United States v. O’Connor, supra, 580 F.2d at 43; United States v. Gubelman, supra, 571 F.2d at 1256-57 (Mansfield, J., dissenting). That is precisely the inference Fed.R.Evid. 404(b) was designed to prevent. The May subsequent other-crime evidence therefore should have been excluded, and its admission requires reversal of the conviction.
Manafzadeh also raised four other grounds for appeal. First, during the testimony of an F.B.I. agent, the witness made reference to the defendant’s exercise of his right to ask for a lawyer and his refusal to sign a waiver of rights form at the time of initial questioning; this reference was repeated twice during cross-examination. This, of course, was improper. Since we are remanding for a new trial because of the erroneous admission of subsequent other-crimes evidence, we do not have to decide whether the agent’s remarks taken in context would warrant reversal; we are confident that the remarks will not be repeated at retrial.
Similarly, we do not have to decide appellant’s claim that his arrest and search pursuant to arrest on May 27, 1977, were without probable cause. Since the arrest, search, and the evidence obtained from the search all relate solely to the subsequent other crime involving the jewelry, and the evidence of that subsequent other crime is inadmissible, the validity of the arrest and search becomes irrelevant.
Manafzadeh does raise two other issues which presumably will reappear at a new trial and are therefore properly before us now. First, he argues that the [90]*90arrest and search warrants issued in February, 1977, were not supported by probable cause and that the evidence obtained pursuant to those warrants should therefore have been excluded. We find no merit in this contention. The complaint presented to the magistrate- issuing the warrants alleged that Manafzadeh had conspired with Kia to violate 18 U.S.C. § 2314, that Manafzadeh23 had purchased a checkwriting machine of the type used to make the fraudulent checks,24 and that the proceeds of the crime had'been deposited in the account of Aminco Trading Company, of which Manafzadeh was the principal, in three separate banks. The possession of the proceeds, which consisted of more than two million dollars worth of certified checks, the dispersion of those proceeds to the different banks, and the possession of a checkwriting machine capable of producing the fraudulent checks, along with the detailed information in the complaint concerning the mechanics of the fraud and the various sources for all of the information, set forth a sufficiently suspicious set of overlapping facts to warrant a finding of probable cause. Moreover, the finding of the magistrate as an independent and neutral decisionmaker on the issue of probable cause is itself deserving of weight on appellate review. United States v. Dunloy, 584 F.2d 6, 10 n.3 (2d Cir. 1978); United States v. Gomez Londono, 553 F.2d 805, 810 (2d Cir. 1977). We cannot say the magistrate was in error in finding probable cause.
Finally, Manafzadeh argues that the trial court erred by refusing to require the Government to make an offer of proof regarding defendant’s alleged conviction in absentia in Iran for fraud in 1976. The defendant asserts that the trial court failed to give him “guidance” on whether or not to testify on his own behalf by refusing to rule that an Interpol telex relating to the alleged prior conviction was inadmissible and by refusing to rule that the prior conviction was inadmissible for impeachment purposes even if proven by more formal documents because of an alleged lack of due process in the Iranian court.
This claim is without merit. First, defense counsel below did not actually request a ruling on the admissibility of the Interpol telex for impeachment purposes should Manafzadeh take the stand. The record reveals that at trial the defendant requested a proffer of whatever evidence the Government intended to use as its basis for questions concerning the alleged 1976 conviction. The trial court put the Government on notice that there would have to be a good faith basis for any question asked. To the extent Manafzadeh is appealing the court’s refusal to require the Government to reveal that good faith basis prior to defendant’s taking the stand, we do not feel there was error.
Appellant’s related assertion concerning the use of the Iranian conviction for impeachment purposes at all is also meritless. The Government had already indicated it would not offer into evidence the actual 1976 conviction, although it would “go into the facts underlying that conviction to the extent that they are similar acts and can be proved through the defendant’s own mouth.”25 In any event, the trial court properly ruled that the burden was on the defendant to demonstrate why the lack of due process in obtaining the foreign conviction was so unfair that it could not be used for impeachment. United States v. Wilson, 556 F.2d 1177, 1178 (4th Cir.) (per curiam), cert. denied, 434 U.S. 986, 98 S.Ct. 614, 54 L.Ed.2d 481 (1977). Cf. United States v. Brown, 155 U.S.App.D.C. 177, 178, 476 F.2d 933, 934 (1973) (per curiam) (bur[91]*91den is on defense counsel to show why court should exercise discretion to hold prior conviction unavailable for impeachment); United States v. Costa, 425 F.2d 950, 954 (2d Cir. 1969), cert. denied, 398 U.S. 938, 90 S.Ct. 1843, 26 L.Ed.2d 272 (1970) (same). Manafzadeh failed to meet that burden.
The judgment of conviction is reversed, and the case is remanded to the district court for a new trial.