DOJ-OGR-00018942.jpg
632 KB
Extraction Summary
5
People
3
Organizations
1
Locations
2
Events
1
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
632 KB
Summary
This document is a page from a court transcript (Case 1:20-cr-00330-PAE) filed on August 10, 2022. It features an argument by attorney Mr. Pagliuca regarding the admissibility of evidence under the business records exception (Rule 803.6), specifically challenging the consistency of record-keeping in a 'book' and 'Western Union money transfer records' after an individual named Mr. Alessi left in 2002. The defense argues that the records do not meet the standard of a regular business practice.
People (5)
| Name | Role | Context |
|---|---|---|
| Mr. Pagliuca | Attorney |
Speaking to the court, arguing against the admissibility/regularity of certain records.
|
| Ms. Hesse | Witness |
Mentioned in header ('Hesse - direct') and by Pagliuca regarding her testimony on record-keeping practices.
|
| Mr. Alessi | Former Employee/Witness |
Mentioned as having left in 2002; his adherence to record-keeping practices is being compared to the records in quest...
|
| The Court | Judge |
Interjects to clarify a point about record keeping ('Not followed in every instance').
|
| Lieberman | Legal Reference |
Referenced in the context of a 'Lieberman-related issue' regarding the content of messages.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Western Union |
Mentioned in relation to money transfer records being discussed as evidence.
|
|
| Southern District Reporters, P.C. |
Transcription service listed in footer.
|
|
| DOJ |
Department of Justice (referenced in footer stamp DOJ-OGR).
|
Timeline (2 events)
2022-08-10
Court proceedings regarding Case 1:20-cr-00330-PAE (United States v. Ghislaine Maxwell).
Southern District of New York (implied by reporter)
Locations (1)
| Location | Context |
|---|---|
|
Vague reference by Mr. Pagliuca (Line 11), likely referring to one of the properties involved in the case.
|
Relationships (1)
Both mentioned as individuals who testified or established record-keeping practices for the same entity.
Key Quotes (3)
Full Extracted Text
Complete text extracted from the document (1,643 characters)
Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 80 of 262 1785
LC8Cmax3 Hesse - direct
LC8Cmax3 Hesse - direct
1 Circuit made clear, quote, the term custodian or other
2 qualified witness in Rule 803.6 is generally given a very broad
3 interpretation. A witness need not be a custodian or have
4 personal knowledge of the actual creation of the document to be
5 qualified within the meaning of Rule 803.6. And that's exactly
6 the foundation here under the business rules exception and for
7 that reason, your Honor, we offer these exhibits.
8 MR. PAGLIUCA: Your Honor, factually, Mr. Alessi left
9 in 2002. It's clear from looking at these records that
10 whatever the practice was, was not followed going forward.
11 Assuming for a moment that this house --
12 THE COURT: Not followed in every instance.
13 MR. PAGLIUCA: In most, in my review of these records.
14 We don't have -- I didn't do a percentages here, but there is a
15 substantial number of items in that book that don't follow what
16 either Mr. Alessi or Ms. Hesse said. And so, I don't think,
17 factually, you can say that these records were regularly --
18 well -- so this goes to --
19 I think there are two issues. First, is there a
20 business practice in effect during the time that these
21 particular exhibits are collected. That's the first question.
22 Then the second question is sort of a Lieberman-related issue,
23 and that is the content of what's in these messages, the actual
24 words themselves, all the Western Union money transfer records
25 for the truth of the content of what was written in the money
2 qualified witness in Rule 803.6 is generally given a very broad
3 interpretation. A witness need not be a custodian or have
4 personal knowledge of the actual creation of the document to be
5 qualified within the meaning of Rule 803.6. And that's exactly
6 the foundation here under the business rules exception and for
7 that reason, your Honor, we offer these exhibits.
8 MR. PAGLIUCA: Your Honor, factually, Mr. Alessi left
9 in 2002. It's clear from looking at these records that
10 whatever the practice was, was not followed going forward.
11 Assuming for a moment that this house --
12 THE COURT: Not followed in every instance.
13 MR. PAGLIUCA: In most, in my review of these records.
14 We don't have -- I didn't do a percentages here, but there is a
15 substantial number of items in that book that don't follow what
16 either Mr. Alessi or Ms. Hesse said. And so, I don't think,
17 factually, you can say that these records were regularly --
18 well -- so this goes to --
19 I think there are two issues. First, is there a
20 business practice in effect during the time that these
21 particular exhibits are collected. That's the first question.
22 Then the second question is sort of a Lieberman-related issue,
23 and that is the content of what's in these messages, the actual
24 words themselves, all the Western Union money transfer records
25 for the truth of the content of what was written in the money
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00018942
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