Legal Question in Business Law in California

Admissible evidence in fraud case

I'm thinking of initiating a fraud case againts a scam-artist that ripped me off. My question is this: can I use a witness that was also ripped off by the same guy to show that this fraud was not an isolated incident, and that his behavior is part of a larger pattern? The witness that I would like to use in court was ripped off by the same guy, but under different circumstances. The witness' case against the guy will be otherwise separate from my case being that the circumstances were different for him.


Asked on 8/15/08, 3:06 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Admissible evidence in fraud case

Probably not, unless you can prove a pattern and practice. Character evidence is inadvmissible. But, you might try to relate the two cases so they can be coordinated, if not tried together. More than likely, the court won't do it, but it's worth the paperwork.

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Answered on 8/15/08, 3:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Admissible evidence in fraud case

I agree with Mr. Cohen's answer insofar as it goes. This would be inadmissible character evidence unless you can somehow make a pattern of conduct an essential element of your case. However, there may be a way to do that. You might want to do a little background study to see if this can be made into a "civil RICO" case, where a pattern of conduct is of the essence of the charge.

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Answered on 8/15/08, 10:43 pm


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