Case No. 19-cv-60728-BLOOM/Valle  4  However, the Rules of Evidence also provide that “for any crime regardless of the  punishment, the evidence must be admitted if the court can readily determine that establishing the  elements of the crime required proving – or the witness’s admitting – a dishonest act or false  statement.” Fed. R. Evid. 609(a)(2). In fact, Rule 609 “creates no difference between convictions  according to the pleas that preceded them.”United States v. Williams, 642 F.2d 136, 138-39 (5th  Cir. 1981).  1 Rule 609 requires admission of prior felony convictions for the limited purpose of  attacking truthfulness unless Rule 403 dictates otherwise. Here, Plaintiffs argue that this is a FLSA  case involving a disputed number of hours worked by Plaintiffs, and if Defendants are permitted  to elicit testimony regarding Garcia’s criminal history, it would constitute unfair prejudice. The  Court disagrees.  While evidence of the plea may not be admissible as substantive evidence, “pleas ofnolo  contendereare the equivalent of a ‘conviction’ for purposes of Rule 609 and . . . they are  admissible depending on the facts of each case.”Bejerano v. Flex Fla. Corp. No. 18-20049-Civ-  TORRES, 2019 WL 5457074, at *4 (S.D. Fla. Oct. 24, 2019). “Factors to consider include the  remoteness of the conviction, the nature of the past crime, and the need for using the prior  conviction.”Id. (citingUnited States v. Cathey, 591 F.2d 268, 276 (5th Cir. 1979)). Here, the  factors do not weigh in favor of exclusion. First, the plea occurred six years ago, which is not so  remote in time as to not be relevant.SeeFed. R. Evid. 609(b) (“This subdivision (b) applies if  more than 10 years have passed since the witness’s conviction or release from confinement for it,  whichever is later. Evidence of the conviction is admissible only if its probative value, supported  by specific facts and circumstances, substantially outweighs its prejudicial effect[.]”). Second,  Plaintiffs do not contest Defendants’ contention that the charges to which Garcia plednolo   1See Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (adopting as binding precedent all decisions handed down by the former Fifth Circuit before October 1, 1981).  Case 0:19-cv-60728-BB Document 122 Entered on FLSD Docket 01/14/2020 Page 4 of 7