173148P.pdf   07/17/2018  United States  v.  DNRB, Inc.
   U.S. Court of Appeals Case No:  17-3148
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Gruender, Author, with Melloy and Grasz, Circuit Judges] 
   Criminal case - Criminal law. In an action against the employer of a 
   worker who fell to his death while not wearing safety equipment, the 
   evidence was sufficient to support the company's conviction of a Class B 
   misdemeanor for willfully violating two safety regulations and causing the 
   worker's death; other-acts evidence introduced by the government was 
   relevant to the material issue of defendant's knowledge and intent - that 
   is, that they were aware of the applicable standards,knew the worker was 
   not using his safety equipment and that their failure to ensure he used it 
   was knowing rather than accidental; further, the evidence was similar in 
   nature to the conduct charged here, was supported by evidence showing 
   defendant was responsible for the violation and was not unduly 
   prejudicial; defendant had reasonable notice of the 404(b) evidence; 
   before imposing a $500,000 fine, the court considered and applied the 
   3553(a) factors; the district court could impose the maximum fine allowed 
   by law even though it recognized the likelihood defendant, which had 
   ceased operations, might not be able to pay.