Case File
efta-efta00031259DOJ Data Set 8CorrespondenceEFTA00031259
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DOJ Data Set 8
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efta-efta00031259
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EFTA DisclosureText extracted via OCR from the original document. May contain errors from the scanning process.
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
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?
Are those private schools?
Chief Admin Officer at
international preschools
from 2009 to 2019
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?
How did it work in the 1990s?
What happened to paper files?
Electronically
Paper
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
1
EFTA00031259
United States p. GMSLAINE MAXWELL, 20 Cr. 330 (MN)
Were they in the 1990s?
Yes
How long are student records kept?
Are those records kept in the ordinary course of business?
What happens at the end of that time?
Are they always purged from the file at the completion of
that time?
6 years
Yes
Destroyed
No
I am handing you what has been marked for identification
as GX 761. Do you recognize this document?
Without saying any names, what is it?
Did you review this prior to today?
How? [Did you compare it with the records from PCS's
files database]
Is this a true and accurate copy of the document at PCS?
Yes
Application
Yes
This student's electronic
file is digitized
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
the application?
[confirm with Kane)
2
EFTA00031260
United States it GMSLAINE MAXWELL, 20 Cr. 330 (MN)
Does PCS regularly rely on this information to make
admissions decisions?
Does PCS make admissions decisions in the ordinary
course of business?
Yes
Yes
After PCS makes admissions decisions, do these
applications remain in their records?
Yes
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?
3
EFTA00031261
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