Insufficient Evidence of Money Laundering, But Wire Fraud Convictions Affirmed

US v. Gayle Caldwell, -- F.3d --, 2009 WL 806579 (10th Cir. 3/30/09) - appeal of wire fraud and money laundering convictions after trial with husband and five other co-Ds. While there was ample evidence of intent to defraud to support wire fraud conviction, the money laundering conviction is reversed due to insufficient evidence that the transaction in question was designed to conceal. 404(b) evidence of two uncharged transactions was properly admitted to show motive and intent and a common scheme and design. Joinder with co-Ds was proper and there was no abuse of discretion in denial of severance.

US v. Charles Caldwell, -- F.3d --, 2009 WL 806578 (10th Cir. 3/30/09) - there was sufficient evidence to support Mr. Caldwell's convictions of wire fraud. As in Ms. Caldwell's case, the 404(b) evidence was properly admitted to show motive and intent and a common scheme or design; joinder was proper and severance was properly denied.