United States v. DeCicco

Gary DeCicco (defendant) was federally indicted for four counts of mail fraud and two counts of knowingly using fire to commit a felony (arson), which alleged that DeCicco set his own warehouse on fire twice in 1995 to collect nearly $117,000 from his insurer. Before trial, DeCicco moved, under Federal Rule of Evidence 404(b), to prevent the government (plaintiff) from introducing other-act evidence regarding a March 1992 fire that occurred at the same warehouse just 29 hours before DeCicco’s insurance on the warehouse expired. The fire caused minimal damage, and DeCicco did not file an insurance claim. DeCicco obtained another insurance policy on May 7, 1995. On July 9, 1995, a second fire erupted at the warehouse, causing little damage. Finally, on July 21, 1995, a third fire destroyed the warehouse, injured firefighters, and damaged residential buildings. The government argued that the 1992 fire was relevant as proof of DeCicco’s common plan or scheme to destroy the warehouse and recover money as the sole beneficiary of the warehouse’s insurance policy to help cover DeCicco’s large business debts. The government explained that the three-year-and-two-month gap between DeCicco’s 1992 and 1995 insurance policies was significant because insurers regularly inquire about insurance cancellations within three years of an insurance application. Moreover, both the first and third arsons involved a liquid accelerant placed at the base of support columns on the warehouse’s first floor. The district court ruled that the 1992-fire evidence was inadmissible. The government appealed from the trial court’s ruling.