Government outline for testimony on a school application exhibit, Maxwell trial

United States it GMSLAINE MAXWELL, 20 Cr. 330 (MN)¶

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 _ 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

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.

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?

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?