United States v. Eugene Corey, 566 F.2d 429 (2d Cir. 1977). · Go Syfert
United States v. Eugene Corey, 566 F.2d 429 (2d Cir. 1977). Cases Citing This Book View Copy Cite
120 citation events (41 in the last 25 years) across 20 distinct courts.
Strongest positive: Rodriguez v. Village of Port Chester & Police Officer Ken Manning (nysd, 2021-04-26)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Rodriguez v. Village of Port Chester & Police Officer Ken Manning
S.D.N.Y. · 2021 · confidence medium
To be properly admitted under Federal Rule of Evidence 404(b), “evidence must be (1) offered for a proper purpose, (2) relevant, and (3) substantially more probative than prejudicial.” United States v. Downing, 297 F.3d 52, 58 (2d Cir. 2002). “[T]he probative value of . . . proffered [Federal Rule of Evidence 404(b)] evidence depends largely on whether or not there is a “‘close parallel” between the crime charged and the acts shown.’” United States v. Gordon, 987 F.2d 902, 908 (2d Cir. 1993) (quoting United States v. Corey, 566 F.2d 429, 431 (2d Cir. 1977)).
discussed Cited as authority (rule) Martin Hilti Family Trust v. Knoedler Gallery, LLC
S.D.N.Y. · 2015 · confidence medium
The Second Circuit has made clear, however, that “[t]o prove a violation of 18 U.S.C. § 1341 , [one] need only show that a defendant was one of the participants in a scheme to defraud, and that the mails were used in furtherance of that scheme.” United States v. Corey, 566 F.2d 429, 431 (2d Cir.1977); see also Chanayil v. Gulati, 169 F.3d 168, 170-71 (2d Cir.1999) (“The elements of mail ... fraud include (1) the existence of a scheme to defraud, (2) the defendant’s knowing participation in the scheme, and (3) the Use of ... mail ... communications in interstate commerce in furtherance…
discussed Cited as authority (rule) De Sole v. Knoedler Gallery, LLC
S.D.N.Y. · 2015 · confidence medium
No. 267) at 17-19) The Second Circuit has held, however, that “[t]o prove a violation of 18 U.S.C. § 1341 , [one] need only show that a defendant was one of the participants in a scheme to defraud, and that the mails were used in furtherance of that scheme.” United States v. Corey, 566 F.2d 429, 431 (2d Cir.1977); see also Chanayil v. Gulati, 169 F.3d 168, 170-71 (2d Cir.1999) (“The elements of mail ... fraud include (1) the existence of a , scheme to defraud, (2) the defendant’s knowing participation in the scheme, and (3) the use of .., mail ... communications in interstate commerce…
discussed Cited as authority (rule) State v. Morris (Slip Opinion)
Ohio · 2014 · confidence medium
See, e.g., United States 27 SUPREME COURT OF OHIO v. Hicks, 575 F.3d 130, 143 (1st Cir.2009); United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977); United States v. McBride, 676 F.3d 385, 400 (4th Cir.2012); United States v. Corsmeier, 617 F.3d 417, 422 (6th Cir.2010), fn. 3; United States v. Miller, 673 F.3d 688, 700 (7th Cir.2012); United States v. King, 36 F.3d 728, 733 (8th Cir.1994), fn. 5; United States v. Bailey, 696 F.3d 794, 803 (9th Cir.2012); United States v. Starr, 276 Fed.Appx. 761, 765 (10th Cir.2008); United States v. Johnson, 519 F.3d 478, 483 (D.C.Cir.2008). {¶ 72} Therefo…
discussed Cited as authority (rule) State v. Morris (Slip Opinion) (2×)
Ohio · 2014 · confidence medium
See, e.g., United States v. Hicks, 575 F.3d 130, 143 (1st Cir.2009); United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977); United States v. McBride, 676 F.3d 385, 400 (4th Cir.2012); United States v. Corsmeier, 617 F.3d 417, 422 (6th Cir.2010), fn. 3; United States v. Miller, 673 F.3d 688, 700 (7th Cir.2012); United States v. King, 36 F.3d 728, 733 (8th Cir.1994), fn. 5; United States v. Bailey, 696 F.3d 794, 803 (9th Cir.2012); United States v. Starr, 276 Fed.Appx. 761, 765 (10th Cir.2008); United States v. Johnson, 519 F.3d 478, 483 (D.C.Cir.2008). {¶ 50} Therefore, because the erroneous…
cited Cited as authority (rule) United States v. Toliver
2d Cir. · 2008 · confidence medium
See Aminy, 15 F.3d at 260 (act must be “sufficiently similar”); United States v. Corey, 566 F.2d 429, 431 (2d Cir.1977) (must be a “‘close parallel’ between the crime charged and the acts shown”).
discussed Cited as authority (rule) Ellis v. United States
D.C. · 2008 · confidence medium
To conclude that an error is harmless, we must find it “highly probable that [that] error did not contribute to the verdict.” United States v. Tussa, 816 F.2d 58, 67 (2d Cir.1987) (emphasis added) (quoting United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977)); Clark, 593 A.2d at 192 ; see also In re Ty.B., 878 A.2d 1255, 1267 (D.C.2005).
discussed Cited as authority (rule) Wilson-Bey v. United States
D.C. · 2006 · confidence medium
To conclude that an error is harmless, we must find it “highly probable that [that] error did not contribute to the verdict.” United States v. Tussa, 816 F.2d 58, 67 (2d Cir.1987) (emphasis added) (quoting United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977)); Clark, 593 A.2d at 192 ; see also In re Ty.B., 878 A.2d 1255, 1267 (D.C.2005).
discussed Cited as authority (rule) Odemns v. United States
D.C. · 2006 · confidence medium
In In re Ty.B., 878 A.2d at 1267, we recently had occasion to discuss the Kotteakos standard in some detail: To conclude that an error is harmless, we must find it “highly probable that [that] error did not contribute to the verdict.” United States v. Tussa, 816 F.2d 58, 67 (2d Cir.1987) (emphasis added) (quoting United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977)); Clark [u United States, 593 A.2d 186, 192 (D.C. 1991) ].
examined Cited as authority (rule) In Re Ty. B. (4×) also: Cited "see, e.g."
D.C. · 2005 · confidence medium
To conclude that an error is harmless, we must find it " highly probable that [that] error did not contribute to the verdict." United States v. Tussa, 816 F.2d 58, 67 (2d Cir.1987) (emphasis added) (quoting United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977)); Clark, 593 A.2d at 192 . "[W]e must determine whether the error was sufficiently insignificant to give us fair assurance that the judgment was not substantially swayed by it." [ Reginald B. ] Brooks v. United States, 599 A.2d 1094, 1102 (D.C.1991) (emphasis added) (citing Kotteakos, 328 U.S. at 765 , 66 S.Ct. 1239 ).
cited Cited as authority (rule) United States v. Evans
2d Cir. · 2003 · confidence medium
We have reviewed these contentions and find any error to have been harmless given the “overwhelming evidence of guilt.” United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977).
discussed Cited as authority (rule) United States v. Baljit
S.D.N.Y. · 2002 · confidence medium
Rule 404(b) does not authorize the admission of “any and every sort of other-act evidence simply because a defendant proffers an innocent explanation for the charged conduct.” Gordon, 987 F.2d at 908 (citing United States v. Corey, 566 F.2d 429, 431 (2d Cir.1977)).
cited Cited as authority (rule) United States v. Angel E. Bautista, Gilberto Jose Bueno, Jr.
2d Cir. · 2001 · confidence medium
United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977). 4.
cited Cited as authority (rule) United States v. Gloria Stevens and Thomas M. McLaughlin Joseph Gall
2d Cir. · 2000 · confidence medium
“A non-constitutional error ... is harmless if it is ‘highly probable’ that the error did not contribute to the verdict.” United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977) (quoting R.
discussed Cited as authority (rule) Brown v. State
Wyo. · 1998 · confidence medium
Where there is overwhelming evidence of guilt, ... erroneous evidentiary rulings on such collateral matters are often harmless.” Id. (quoting United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977) (citation omitted)).
discussed Cited as authority (rule) United States v. Scott
D. Vt. · 1998 · confidence medium
In assessing whether other act evidence is relevant to knowledge under Rule 404(b), courts look to the similarity of fact patterns between such other evidence and the instant charges: “Probative value is dependent on the existence of a ‘close parallel’ between the crime charged and the acts shown.” United States v. Corey, 566 F.2d 429, 431 (2d Cir.1977)(quoting United States v. Chestnut, 533 F.2d 40, 49 (2d Cir.1976)).
discussed Cited as authority (rule) Ali v. Reno
S.D.N.Y. · 1993 · confidence medium
Due process, in the case of the latter, includes a recognition that “the perfect trial, from the prosecution or defense standpoint, is as rare as the perfect crime.” United States v. Corey, 566 F.2d 429, 433 (2d Cir.1977) (Oakes, J.) The criminal defendant may not prevail on appeal where the error below is harmless, even if it arises to Constitutional magnitude.
discussed Cited as authority (rule) Roderick v. State (2×)
Wyo. · 1993 · confidence medium
United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977).
discussed Cited as authority (rule) United States v. Nicholas Castano & Theresa Rodriguez, Jorge Castro & Diana Gonzales
2d Cir. · 1993 · confidence medium
An error is considered harmless when “ ‘it is “highly probable” that the error did not contribute to the verdict.’ ” Colombo, 909 F.2d at 713 (quoting United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977)).
discussed Cited as authority (rule) United States v. Alan E. Harwood, Also Known as Expresso, and Frederick W. McKee
2d Cir. · 1993 · confidence medium
Where there is overwhelming evidence of guilt, as there was here, it is “ ‘highly probable’ that the error did not contribute to the verdict.” United States v. Corey, 566 F.2d 429, 432 (2d Cir. 1977) (citations omitted).
cited Cited as authority (rule) Compagnie De Reassurance D'Ile De France v. New England Reinsurance Corp.
D. Mass. · 1993 · confidence medium
United States v. Corey, 566 F.2d 429, 430, n. 2 (2d Cir.1977).
discussed Cited as authority (rule) Clark v. United States
D.C. · 1991 · confidence medium
To conclude that an error is harmless, we must find it “highly probable that [that] error did not contribute to the verdict.” United States v. Tussa, 816 F.2d 58, 67 (2d Cir.1987) (quoting United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977)).
discussed Cited as authority (rule) United States v. Colombo
2d Cir. · 1990 · confidence medium
An error only may be considered harmless if our " 'conviction is sure that the error did not influence the jury,' " United States v. Ruffin, 575 F.2d 346, 359 (2d Cir.1978) (quoting Kotteakos v. United States, 328 U.S. 750, 764 , 66 S.Ct. 1239, 1247 , 90 L.Ed. 1557 (1946)), and that "it is 'highly probable' that the error did not contribute to the verdict," United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977). 13 Harmless error often is found to exist where there is sufficient corroborating evidence to support the conviction, see Corey, 566 F.2d at 432 .
discussed Cited as authority (rule) United States v. Colombo
2d Cir. · 1990 · confidence medium
An error only may be considered harmless if our “ ‘conviction is sure that the error did not influence the jury,’ ” United States v. Ruffin, 575 F.2d 346, 359 (2d Cir.1978) (quoting Kotteakos v. United States, 328 U.S. 750, 764 , 66 S.Ct. 1239, 1247 , 90 L.Ed. 1557 (1946)), and that “it is ‘highly probable’ that the error did not contribute to the verdict,” United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977).
discussed Cited as authority (rule) United States v. Timothy Pilarinos
2d Cir. · 1988 · confidence medium
The district court went to great lengths, when the evidence was admitted and during the final charge, in instructing the jury on this issue: “[L]et me remind you that the defendant is not on trial for anything he may have said in November, and you may not consider this evidence as a substitute for proof that the defendant committed the crimes charged in September and October.” Instead, the jury was instructed to consider the conversation “only for its possible bearing on [Pilarinos’] intent.” Even if the district court erred in admitting the statement, the error was harmless in light…
discussed Cited as authority (rule) Miller v. State (2×)
Wyo. · 1988 · confidence medium
United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977).
discussed Cited as authority (rule) United States v. Pietro Tussa, Rajan Patiwana, Pietro Amato, and Paolo Zummo, Defendants
2d Cir. · 1987 · confidence medium
This *67 court has stated that in order to find harmless error, we must find it “ ‘highly probable’ that the error did not contribute to the verdict.” United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977); see also United States v. Castro, 813 F.2d 571, 577 (2d Cir.1987).
cited Cited as authority (rule) United States v. Jairo Andres Castro and Oscar Ramiro Pozo
2d Cir. · 1987 · confidence medium
For an error to be harmless, it must be “ ‘highly probable’ that the error did not contribute to the verdict.” United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977).
discussed Cited as authority (rule) United States v. Jerome E. Heinemann and George Allen Delanoy, III
2d Cir. · 1986 · confidence medium
He relies upon United States v. Corey, 566 F.2d 429, 431 (2d Cir.1977), for the proposition that Rule 404(b) does not allow the “introduction of every prior similar act which may contribute in some manner to a showing of intent.” Such evidence of “other crimes, wrongs, or acts” is admissible only if there is a ‘“close parallel’ between the crime charged and the acts shown.” Id.
discussed Cited as authority (rule) Bishop v. State (2×)
Wyo. · 1984 · confidence medium
As the court said in United States v. Corey, 566 F.2d 429, 432 (2nd Cir.1977): "* * * A nonconstitutional error, as in the case of erroneous admission of similar act evidence, is harmless if it is `highly probable' that the error did not contribute to the verdict. [Citation.] Where there is overwhelming evidence of guilt, as there was here, erroneous evidentiary *247 rulings on such collateral matters are often harmless. [Citations.]" Other federal courts have also held that the improper admission of similar acts evidence under Rule 404, Federal Rules of Evidence, can be treated as harmless er…
discussed Cited as authority (rule) United States v. Bolanle Lawal
2d Cir. · 1984 · confidence medium
Second, there was presented to the jury strong countervailing circumstantial proof, going well beyond the mere fact of possession, to support the government’s allegation that Lawal knew he was carrying a controlled substance, including the following: his importation of something he had not declared; the highly suspicious manner in which he had secreted the fourteen packages on his person; his nervous and hurried appearance, and the fact that he was perspiring profusely as he attempted to make his way out of the airline terminal; his initial resistance to the agents’ stop and search efforts…
discussed Cited as authority (rule) United States v. Brian Patrick Smith
2d Cir. · 1984 · confidence medium
See United States v. Lyles, 593 F.2d 182, 196 (2d Cir.) (error harmless given the. overwhelming evidence of guilt), cert. denied, 440 U.S. 972 , 99 S.Ct. 1537 , 59 L.Ed.2d 789 (1979); see also Kotteakos v. United States, 328 U.S. 750, 764-65 , 66 S.Ct. 1239, 1247-48 , 90 L.Ed. 1557 (1946) (nonconstitutional error harmless if it “did not influence the jury, or had but a very slight effect”); United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977) (error “is harmless if it is ‘highly probable’ that the error did not contribute to the verdict”).
discussed Cited as authority (rule) United States v. Roosevelt v. Foskey
D.C. Cir. · 1980 · confidence medium
Our consideration of the admissibility of the evidence of the prior arrest in this ease thus necessitates discussion of both Rule 404(b) and Rule 403. 4 A. Rule 404(b) We note that the only possible relevance the prior arrest might have under the terms of Rule 404(b) is to prove intent. 5 *524 But “[w]hen a prior criminal act is relied upon to prove intent or knowledge, similarity between the two events must be shown to establish the threshold requirement of relevance.” United States v. Hernandez-Miranda, 601 F.2d 1104, 1108 (9th Cir. 1979); United States v. Corey, 566 F.2d 429, 431-32 (2d…
discussed Cited as authority (rule) United States v. Arthur Gibbons, A/K/A \Joe Gibbons (2×)
unknown court · 1979 · confidence medium
See United States v. Quinto, 582 F.2d 224, 235 (2d Cir. 1978); United States v. Corey, 566 F.2d 429, 432 (2d Cir. 1977). 53 For these reasons I concur in the result announced today.
discussed Cited as authority (rule) United States v. Alexander Danzey and Warren Gore
2d Cir. · 1979 · confidence medium
The other bank robberies had so many of the same features as readily to satisfy any requirement of United States v. Corey, 566 F.2d 429, 431 (2d Cir. 1978) (a case involving proof of guilty knowledge), that there be a “close parallel” between the crime charged and the prior act shown; indeed, the proof here went further, since appellant himself admitted he had a “trademark.” Corey also stresses the significance of time lapse between the indicted charge and the similar act.
discussed Cited as authority (rule) United States v. Ronald Lyles, Jesse Johnson, Carlos Holder and Benjamin Dunham, Defendants
2d Cir. · 1979 · confidence medium
Where there is overwhelming evidence of guilt, as there was here, erroneous evidentiary rulings on such collateral matters are often harmless.” United States v. Corey, 566 F.2d 429, 432 (2d Cir. 1977) (citations omitted).
discussed Cited as authority (rule) United States v. Victor Ernesto Bosch, United States of America v. Victor Correa Gomez
1st Cir. · 1978 · confidence medium
Where there is overwhelming evidence of guilt . . . erroneous evidentiary rulings on such collateral *1118 matters are often harmless.” United States v. Corey, 566 F.2d 429, 432 (2d Cir. 1977); accord, United States v. Klein, 546 F.2d 1259, 1263 (5th Cir. 1977); United States v. Splain, 545 F.2d 1131, 1133-34 (8th Cir. 1976); United States v. Roland, 449 F.2d 1281, 1282 (5th Cir. 1971).
cited Cited as authority (rule) United States v. Arnold Nelson Mahler and Dean H. Ubben
2d Cir. · 1978 · confidence medium
United States v. Corey, 566 F.2d 429, 432 (2d Cir. 1977).
discussed Cited as authority (rule) United States v. Carl Benedetto (2×)
2d Cir. · 1978 · confidence medium
The Government responds that, under a long line of cases and under new Federal Rule of Evidence 404(b), the district court did not abuse its discretion in admitting proof of similar criminal acts, because such evidence was relevant to show identity, knowledge, intent and “a general plan or scheme,” particularly since the similar acts and the acts charged shared “unusual characteristics.” The Government is correct that there is much authority in this circuit favorable to its position, see, e. g., United States v. Bozza, 365 F.2d 206, 212-14 (2d Cir. 1966); United States v. Deaton, 381 F…
cited Cited "see" United States v. Aguilar
2d Cir. · 2009 · signal: see · confidence high
See United States v. Corey, 566 F.2d 429 , 431 n. 3 (2d Cir.1977).
cited Cited "see" United States v. Aguilar
2d Cir. · 2009 · signal: see · confidence high
See United States v. Corey, 566 F.2d 429 , 431 n. 3 (2d Cir.1977).
cited Cited "see" Choullam v. United States
2d Cir. · 2009 · signal: see · confidence high
Aug. 19, 2008); see United States v. Corey, 566 F.2d 429 , 431 n. 3 (2d Cir.1977).
cited Cited "see" Choullam v. United States
2d Cir. · 2009 · signal: see · confidence high
Aug. 19, 2008); see United States v. Corey, 566 F.2d 429 , 431 n. 3 (2d Cir.1977).
cited Cited "see" United States v. Cohan
E.D.N.Y · 2009 · signal: see · confidence high
See United States v. Corey, 566 F.2d 429, 432 (2d Cir.1977) (stating that “relevancy of [evidence of prior bad acts] is [undercut] by its remoteness in time”).
discussed Cited "see" United States v. Stein
S.D.N.Y. · 2007 · signal: see · confidence high
See United States v. Gordon, 987 F.2d 902, 908 (2d Cir.1993) (quoting United States v. Corey, 566 F.2d 429, 431 (2d Cir.1977)) ("probative value ... depends largely on whether or not there is a 'close parallel between the crime charged and the acts shown.’ ”). 29 .
cited Cited "see" United States v. Cheng Wai Ling
2d Cir. · 2006 · signal: see · confidence high
See United States v. Corey, 566 F.2d 429 , 431 n. 3 (2d Cir.1977) (concluding that “single/multiple conspiracy analysis does not apply to the trial of a single defendant”).
cited Cited "see" United States v. Fasciana
S.D.N.Y. · 2002 · signal: see · confidence high
See United States v. Corey, 566 F.2d 429 , 430 n. 2 (2d Cir.1977) (citing United States v. Houlihan, 332 F.2d 8, 13 (2d Cir.), cert. denied, 379 U.S. 828 , 85 S.Ct. 56 , 13 L.Ed.2d 37 (1964)).
cited Cited "see" United States v. Maisonneuve
D. Vt. · 1997 · signal: see · confidence high
See United States v. Corey, 566 F.2d 429, 431 (2d Cir. 1977).
cited Cited "see" Empire Blue Cross and Blue Shield v. Finkelstein
E.D.N.Y · 1995 · signal: see · confidence high
See United States v. Corey, 566 F.2d 429, 430-31 (2d Cir.1977); see also Polycast Technology Corp. v. Uniroyal, Inc., 728 F.Supp. 926, 946-47 (S.D.N.Y.1989). 8.
discussed Cited "see" North Star Contracting Corp. v. Long Island Rail Road
E.D.N.Y · 1989 · signal: see · confidence high
See United States v. Corey, 566 F.2d 429 , 430 n. 2 (2d Cir.1977) (elements of mail fraud are: (1) existance of scheme to defraud and (2) use of interstate mails or transmission facilities in furtherance of the fraud).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Eugene COREY, Defendant-Appellant
227, Docket 77-1308.
Court of Appeals for the Second Circuit.
Nov 30, 1977.
566 F.2d 429
Irving Anolik, New York City, for appellant., Frederick T. Davis, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., John J. Kenney, Asst. U. S. Atty., New York City, of counsel), for appellee.
Smith, Mansfield, Oakes.
Cited by 104 opinions  |  Published
OAKES, Circuit Judge:

Appellant, Eugene Corey, was convicted of wire fraud, mail fraud, and conspiracy, in violation of 18 U.S.C. §§ 1343, 1341, and 371, following a five-day jury trial in the United States District Court for the Southern District of New York, Constance Baker Motley, Judge. 1 The evidence, the sufficiency of which is not in question, revealed appellant’s acceptance of kickbacks from those supplying business forms to his employer and his cooperation in short shipments and overbilling by the suppliers.

Corey makes several contentions on appeal. His claims of improper federal jurisdiction over what is essentially a state offense — commercial bribery — [2] and of im[*431] proper submission of the conspiracy count to the jury [3] are wholly without merit. His other contentions, involving the admissibility of prior act evidence and alleged prose-cutorial misconduct in informing the jury that Corey had changed his name, while substantial enough to merit discussion, do not require reversal. Accordingly, we affirm.

Corey argues that the trial court erred in permitting the prosecution to cross-examine him concerning his dismissal from previous employment at Columbia Broadcasting System (CBS) for falsifying his W-2 form and overtime hours record. Over objection, the testimony was permitted under Rule 404(b) of the Federal Rules of Evidence, [4] as a prior similar act establishing guilty knowledge, by tending to show that Corey had signed documents acknowledging the receipt by his employer, Hartz Mountain, of data processing supplies, knowing the documents to be falsified. His CBS dismissal had occurred some sixteen years prior to the date of trial. [5]

While evidence of prior similar acts is admissible to show guilty knowledge, United States v. Santiago, 528 F.2d 1130, 1134 (2d Cir.), cert. denied, 425 U.S. 972, 96 S.Ct. 2169, 48 L.Ed.2d 795 (1976), and the trial court is given wide discretion in admitting such evidence, United States v. Feld-wan, 136 F.2d 394 (2d Cir. 1943), aff’d, 322 U.S. 487, 64 S.Ct. 1082, 88 L.Ed. 1408 (1944), the scope of that discretion does not permit introduction of every prior similar act which may contribute in some manner to a showing of intent. United States v. Byrd, 352 F.2d 570, 575 (2d Cir. 1965). Rather, it must appear that the probative value of such evidence outweighs the potential for prejudice against the defendant. United States v. Deaton, 381 F.2d 114, 117 (2d Cir. 1967). Probative value is dependent on the existence of a “close parallel” between the crime charged and the acts shown. United States v. Chestnut, 533 F.2d 40, 49 (2d Cir.), cert. denied, 429 U.S. 829, 97 S.Ct. 88, 50 L.Ed.2d 93 (1976), quoting United States v. Leonard, 524 F.2d 1076, 1091 (2d Cir. 1975), cert. denied, 425 U.S. 958, 96 S.Ct. 1737, 48 L.Ed.2d 202 (1976).

Whether there is sufficient similarity between the crime charged and the prior act to provide a basis for inferring that appellant acted intentionally or knowingly in[*432] committing the crime is a close question. On the one hand, there is some similarity in method — the submission of false documents to an employer. On the other, the fact that Corey may have deliberately falsified his own overtime hardly proves that he had the knowledge or intent to falsify purchases of supplies by Hartz Mountain from third parties.

Undoubtedly, the attenuated similarity between the two acts demonstrates the low probative value of the CBS incident as circumstantial evidence of intent to commit the crimes here charged. The minimal relevancy of the CBS incident is further buttressed by its remoteness in time, having occurred sixteen years before the trial And between five and seven years before Corey allegedly began his fraudulent conduct at Hartz Mountain. See C. McCormick, McCormick’s Handbook of the Law of Evidence 439 n.30 (2d ed. E. Cleary ed. 1972) (“In appraising the probative worth of the offered evidence, before determining whether it is outweighed by the countervailing dangers, the distance in time of the facts offered will often cause the court to discount its value.”); cf. Fed.R.Evid. 609(b) (generally restricting the use of convictions to impeach the credibility of a witness to convictions rendered within ten years).

In any event, assuming error in the admission of the testimony, we hold that the error was harmless. We do not find that appellant was sufficiently prejudiced by the admission of the CBS evidence to require reversal of his conviction. The case against him was strong, the incidents of fraud many, the amounts and time period involved substantial, and the witnesses against him the suppliers themselves. A nonconstitutional error, as in the case of erroneous admission of similar act evidence, is harmless if it is “highly probable” that the error did not contribute 'to the verdict. Virgin Islands v. Toto, 529 F.2d 278, 283-84 (3d Cir. 1976), quoting R. Traynor, The Riddle of Harmless Error, 35 (1970). Where there is overwhelming evidence of guilt, as there was here, erroneous evidentiary, rulings on such collateral matters are often harmless. See United States v. Earl, 529 F.2d 1145, 1147-48 (6th Cir.), cert. denied, 426 U.S. 938, 96 S.Ct. 2656, 49 L.Ed.2d 391 (1976); Rothschild v. New York, 525 F.2d 686, 687 (2d Cir. 1975); United States v. Rowan, 518 F.2d 685, 692 (6th Cir.), cert. denied, 423 U.S. 949, 96 S.Ct. 368, 46 L.Ed.2d 284 (1975).

Corey also urges that the Government committed reversible error when it elicited the personal opinion of Leonard Stern, the president of Hartz Mountain, as to appellant’s guilt. This contention misstates the record. Mr. Stern was called by the Government in rebuttal on the last day of trial to refute Corey’s explicit statement that he had been given permission to make personal use of Hartz Mountain’s computers for his own business ventures. Defense counsel then “opened the door” to the inquiry in question, as Judge Motley found, by asking the witness for his opinion of Corey’s honesty in the period before discovery of the fraud. On recross-examination, after the defense had elicited opinion testimony, the witness gave his opinion regarding Corey’s honesty after the fraud was discovered. No opinion on ultimate guilt or innocence with regard to the crime charged was ever proffered. We find no error here. The Government was simply refuting appellant’s previously introduced evidence of good character with evidence of bad character. Fed.R.Evid. 404(a)(1); United States v. Pagano, 224 F.2d 682, 686 (2d Cir.), cert. denied, 350 U.S. 884, 76 S.Ct. 137, 100 L.Ed. 779 (1955) (attempt to por tray defendant in favorable light as family man with modest income opens door to prosecution inquiry into those issues to impeach credibility).

Appellant further asserts that he was prejudiced when the prosecution sought to identify him as Jewish by referring to the fact that he had changed his name from Cohen to Corey. While we are aware of nothing to indicate that identification of Corey as a person of the Jewish faith would have in any way prejudiced him before the jury, we nonetheless address this issue, lest the judgment have a malodorous[*433] air, or bad faith use of an appeal to bias by the Government, see United States ex rel. Haynes v. McKendrick, 481 F.2d 152 (2d Cir. 1973), be erroneously inferred.

The Government explains that in making the inquiry of Corey it thought that the name change was catalyzed by Corey’s wrongdoing at CBS. It therefore posed the question to support the contention that appellant had acknowledged his guilt stemming from the CBS incident, evidence of which the Government had been allowed to introduce as a prior similar act. We do not impugn any bad motive to the Government in this regard; in fact, the record and the post-trial affidavit of the prosecuting attorney support the Government’s assertion that it reasonably believed that the name change was precipitated by the CBS conduct. When defense counsel revealed that Corey had changed his name long before the CBS incident, the line of questioning was immediately abandoned.

Although this reference to the name change was unfortunate, any possible resulting prejudice was dispelled by the prompt action of the trial judge, who made certain that the jury was apprised of the real reason for the change. [6] The complete picture surrounding the name change— preservation of the integrity of Corey’s family unit in light of his remarriage and adoption of his wife’s son — once conveyed to the jury surely negated any potential prejudice that might have been caused by an incomplete presentation of the true facts. Indeed, it tended to portray Corey in a most sympathetic light before the jury, having quite the opposite effect from the prejudice he alleges. We cannot reverse when an error ultimately inures to the benefit of defendant. See, e. g., United States v. Frattini, 501 F.2d 1234, 1237 (2d Cir. 1974) (error in admission of evidence favorable to defendant); United States v. Stromberg, 268 F.2d 256, 266 (2d Cir.) (erroneous charge overly favored defendant), cert. denied, 361 U.S. 863, 80 S.Ct. 119, 4 L.Ed.2d 102 (1959).

We continue to note that the perfect trial, from the prosecution or the defense standpoint, is as rare as the perfect crime. Jones v. United States, 262 F.2d 44, 48 (4th Cir.), cert. denied, 359 U.S. 972, 79 S.Ct. 886, 3 L.Ed.2d 838 (1958). This case is no exception. Nevertheless, appellant was given a fair, impartial trial. We cjetect no error of sufficient prejudicial magnitude to require reversal.

Affirmed.

1

. Appellant was sentenced to one year’s imprisonment on each of the three counts to run concurrently and was granted bail pending appeal.

2

. This claim, raised for the first time after trial, is frivolous. To prove a violation of 18 U.S.C. § 1341, the Government need only show that a defendant was one of the participants in a scheme to defraud, and that the mails were used in furtherance of that scheme. See, e. g., United States v. Cyphers, 556 F.2d 630, 632 (2d Cir. 1977); United States v. Finkelstein, 526 F.2d 517, 526-27 (2d Cir. 1975), cert. denied sub nom. Scardino v. United States, 425 U.S. 960, 96 S.Ct. 1742, 48 L.Ed.2d 205 (1976). Similarly, to prove a violation of 18 U.S.C. § 1343, it need only be shown that a defendant was one of the participants in a fraudulent scheme which was furthered by the use of interstate transmission facilities. United States v. Houli- [*431] han, 332 F.2d 8, 13 (2d Cir.), cert. denied, 379 U.S. 828, 85 S.Ct. 56, 13 L.Ed.2d 37 (1964).

3

. Appellant contends that a jury charge on multiple conspiracies should have been given because his transactions with the two defrauding suppliers were separate. Even if there were two conspiracies, however, the fact that only a single conspiracy was charged did not and could not have prejudiced the defendant by spillover or otherwise. United States v. Sir Kue Chin, 534 F.2d 1032 (2d Cir. 1976), is sufficiently similar to be dispositive of this claim. It points out, id. at 1035, that single/multiple conspiracy analysis does not apply to the trial of a single defendant. Here, appellant stood trial alone. Moreover, his central role in promoting fraud on his employer by both suppliers negates any suggestion that the jury might have applied the wrong evidence to the conspiracy charge.

4

. Rule 404(b) provides:

Evidence of other crimes, wrongs, or acts is not admissible to prove character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

Fed.R.Evid. 404(b).

Rule 404 essentially codified previously existing Second Circuit law on the admissibility of prior similar act evidence. See, e. g., United States v. Papadakis, 510 F.2d 287, 294 (2d Cir.), cert. denied, 421 U.S. 950, 95 S.Ct. 1682, 44 L.Ed.2d 104 (1975).

5

. Appellant’s main objections to the admission of this testimony are that it was too remote to be considered and that it was not a similar act within the meaning of Fed.R.Evid. 404(b). An additional ground for objection is unfair surprise, in that defense counsel rather vaguely asked the Government if it intended to “go beyond” Corey’s employment at Hartz Mountain and received a negative reply. While the prosecuting attorney may have played it a bit close to his chest, the Government is under no obligation stemming from Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), to bring to the defendant’s attention matters he already knows. United States v. Robinson, 560 F.2d 507, 517-18 (2d Cir. 1977) (en banc); United States v. Stewart, 513 F.2d 957, 959-60 (2d Cir. 1975).

6

. Judge Motley determined that an explanation of the name change would be less prejudicial than discontinuing this line of questioning entirely. In view of appellant’s counsel’s hearty agreement, it is difficult to understand why he now complains that the matter was not immediately dropped.