Thursday, June 01, 2006

Dumb Crook Tip #512: Don't Write a Book About Your Crime

Asante Kahari was convicted in federal court in Michigan of bank fraud, mail fraud, and several counts of uttering counterfeit securities. His scam was to find a lonely woman online, convince her to cash (counterfeit) checks for him, and then turn over the money when he came to meet her. He might have had some kind of defense at trial, but for one problem - he wrote a book describing the scam!

That's right. As the Sixth Circuit sets out in upholding Kahari's conviction, his book is titled The Birth of a Criminal, and explains the scam in one chapter. The Government wanted to introduce parts of the book at Kahari's trial, but the district court shot down that idea. Then Kahari's counsel laid out their defense theory during opening statements - that Kahari was not the scammer, but the scammed. At that point, the Government sought to introduce the book again, given the defense theory of the case. Sure enough, the district court concluded that the defense has opened the door and let the book into evidence.

I'm not sure which is worse - writing a book about your crime before you're convicted of it, or trotting out a "I was the victim" defense after you know about said book.

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