Order Granting Government’s Motion in Limine Regarding Admissibility of Additional Uncharged Loan Applications — United States v. Casutt (Dkt. 110, D. Nev.)

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Judge Andrew P. Gordon of the District of Nevada granted the government's motion in limine in United States v. Casutt, No. 2:20-cr-00231-APG-NJK, in an order dated May 16, 2022. The government sought a pretrial ruling that it may offer evidence of two additional uncharged, allegedly fraudulent loan applications submitted by defendant Brandon Casutt (ECF No. 98); the court had earlier granted a similar motion about other loan applications. The order finds the applications admissible as direct evidence of what the order calls Casutt's 'alleged overall scheme' and under Federal Rule of Evidence 404(b) to show intent, plan and knowledge, and finds that their probative value is not substantially outweighed by any prejudicial effect under Rule 403. The government may offer the evidence at trial provided a sufficient foundation is laid.

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Case 2:20-cr-00231-APG-NJK Document 110 Filed 05/16/22 Page 1 of 1




 1                              UNITED STATES DISTRICT COURT

 2                                     DISTRICT OF NEVADA

 3 UNITED STATES OF AMERICA,                                Case No.: 2:20-cr-00231-APG-NJK

 4          Plaintiff                                   Order Granting Government’s Motion in
                                                          Limine Regarding Admissibility of
 5 v.                                                   Additional Uncharged Loan Applications

 6 BRANDON CASUTT,                                                     [ECF No. 98]

 7          Defendant

 8

 9         The government moves for a pretrial ruling that it may offer evidence regarding

10 defendant Brandon Casutt’s submission of two additional uncharged, allegedly fraudulent loan

11 applications. ECF No. 98. I previously granted the government’s prior motion regarding similar

12 loan applications. ECF Nos. 74, 108.

13         These loan application are admissible as direct evidence of Casutt’s alleged overall

14 scheme. And they are inextricably intertwined with the acts forming the basis for the indictment.

15 They are also admissible under Federal Rule of Evidence 404(b) because they are offered to

16 show Casutt’s intent, plan, and knowledge of how to carry out the scheme; they are not remote in

17 time; there is sufficient evidence that Casutt prepared and submitted these applications; and they

18 are very similar to the charged conduct. Finally, the probative value of the evidence is

19 significant and is not substantially outweighed by its prejudicial effect. Fed. R. Evid. 403. I

20 therefore grant the motion and will allow the government to offer this evidence at trial, provided

21 a sufficient foundation is laid.

22         Dated: May 16, 2022.

23
                                                         ANDREW P. GORDON
                                                         UNITED STATES DISTRICT JUDGE

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