# United States it GMSLAINE MAXWELL, 20 Cr. 330 (MN) ## Paul Kane O&A ## Objectives GX 761 Rule 803(6) - Record made at or near the time by --- or from information transmitted by -- someone with knowledge - Kept in the course of a regularly conducted activity of a business - Making the record was the regular practice of that activity | BACKGROUND
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Question | Answer | Rule | |-------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------|------| | Mr. Kane, where do you work? | Professional Children's
School | | | What is Professional Children's School? | | | | What is your title? | Director of Finance | | | How long have you worked there? | 2019 | | | What did you do before that? | Chief Admin Officer at
international preschools
from 2009 to 2019 | | | Are those private schools? | Yes | | | What are your responsibilities? | All financial oversight,
archives, financial
aspects of enrollment | | | In that capacity, are you familiar with the normal business
practices of Professional Children's School? | Yes | | | Are you familiar with the business practices regarding
student files? | Yes | | | Are you familiar with how those practices worked in the
early 1990s? How? | Through archives and
conversations with other
employees who have
been there longer | | | What are student files? | PCS keeps a permanent
file on each student | | | Does PCS regularly maintain student files? | Yes | | | How are those records maintained? | Electronically | | | How did it work in the 1990s? | Paper | | | What happened to paper files? | Digitized in about
2011/12 | | | What sort of information is contained in the student
record? | Transcript, college recs,
admissions info | | | Are those records regularly put in the student file at the
time they are created? | Yes | | #### BACKGROUND ## United States p. GMSLAINE MAXWELL, 20 Cr. 330 (MN) | Were they in the 1990s? | Yes | | |--------------------------------------------------------------------------------------------------------|------------------------------------------------|--| | How long are student records kept? | 6 years | | | Are those records kept in the ordinary course of business? | Yes | | | What happens at the end of that time? | Destroyed | | | Are they always purged from the file at the completion of | No | | | that time? | | | | | | | | I am handing you what has been marked for identification
as GX 761. Do you recognize this document? | Yes | | | Without saying any names, what is it? | Application | | | Did you review this prior to today? | Yes | | | How? [Did you compare it with the records from PCS's
files database] | This student's electronic
file is digitized | | | Is this a true and accurate copy of the document at PCS? | Yes | | | Government offers 761 | | | - These are business records - o Admissions records: - Business records. Doesn't matter whether student or school actually put the information on the school's form. - In any event, "made" by school when received and relied on in ordinary course of business - adopted business records doctrine. - If must: offering for fact of application, and for the state-of-mind statement that JE was going to pay for her 'tuition. Not offered for truth: not saying he was actually going to do it. # EXTRA FOUNDATION lIf necessa | Question | Answer | Rule | |---------------------------------------------------------|---------------------|------| | Mr. Kane, a few more questions about this document | | | | Where does the form come from? | PCS | | | Who filles out the application? | The student | | | When an application is received by PCS, what happens? | | | | Is PCS in the regular practice of receiving and | | | | maintaining applications for admission? | | | | What efforts does PCS make to verify the information on | [confirm with Kane) | | | the application? | | | # United States it GMSLAINE MAXWELL, 20 Cr. 330 (MN) | Does PCS regularly rely on this information to make
admissions decisions? | Yes | | |------------------------------------------------------------------------------|------------------------|--| | Does PCS make admissions decisions in the ordinary | | | | course of business? | Yes | | | After PCS makes admissions decisions, do these | Yes | | | applications remain in their records? | | | | Where are they kept? | In the student file — | | | | there is no admissions | | | | file | | | REVIEW | | | | |----------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------|------------------------------------------------------------------|--| | Question | Answer | Rule | | | Directing your attention to page I, what grade is the
student applying for? | 12 | | | | Where did the student attend high school previously?
Where is that located? | WPB, Florida | | | | Why did the student leave? | Moved to New York | | | | Turning to page 2, Section E, who is listed as the person
with financial responsibility for this applicant? | JE | Not
offered
for
truth
but for
state
of
mind | | | Does the applicant expect to apply for financial
assistance? | No | | | | Turning to page 3, Section H, how did the student say she
became interested in PCS? | Referred by the
president of admissions
at Julliard | | | | Finally, turning to section K, who signed this application? | | | |