What is the test for admitting prior bad acts under Rule 403 of the Criminal Code?

Appellant focuses his challenge to the admission of this evidence on the court's conclusion that the fourth requirement--similarity--was satisfied. But appellant's conduct in the 1987 fraud was indeed quite similar to the conduct with which he was charged here. In each case, it arose out of illegal transactions designed to defraud individuals through the sale of counterfeit pharmaceuticals. In each case, the fraud operated in the same manner. The law of this circuit is clear that this is sufficient similarity to justify the admission of the prior bad acts to prove intent. See id. at 519; see also United States v. Evans, 796 F.2d 264, 265 (1986).

Contrary to appellant's assertion, we have not required that the mental state attaching to the prior crime or bad acts be identical to the mental state attaching to the crimes charged. So it does not matter that in the first case appellant was charged with crimes--conspiracy to defraud the government, trafficking in counterfeit goods, and several regulatory offenses--that require different mental states than that attaching to wire fraud. The counterfeiting schemes underlying both sets of charges were virtually identical and thus evidence of the former was probative of appellant's mental state in the latter. See United States v. Nadler, 698 F.2d 995, 1000 (9th Cir.1983)

Appellant next alleges that even if admission of his prior bad acts was admissible under Rule 404(b), both that evidence and evidence that he was a fugitive should have been excluded under Rule 403 because its probative value was substantially outweighed by the prejudice appellant would suffer if the evidence were admitted. A district court has wide discretion to weigh the probative value of a piece of evidence against the prejudice it would cause. United States v. Nadler, 698 F.2d 995, 1000 (1983). We cannot conclude that the court abused its discretion by admitting this evidence.