## United States v. GHISLAINE MAXWELL, 20 Cr. 330 (AJN)

## Paul Kane O&A

Objectives GX 761

Rule 803(6) Rule 803(6)

- Record made at or near the time by --- or from information transmitted by --- someone with knowledge 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

<table><tr><th>Question _</th><th>Answer</th><th>Rule</th></tr><tr><td>Mr. Kane, where do you work?</td><td>Professional Children's
School </td><td></td></tr><tr><td>What is Professional Children's School?</td><td></td><td></td></tr><tr><td>What is your title?</td><td>Director of Finance</td><td></td></tr><tr><td>How long have you worked there?</td><td>2019</td><td></td></tr><tr><td>What did you do before that?

Are those private schools?</td><td>Chief Admin Officer at
international preschools
from 2009 to 2019
Yes </td><td></td></tr><tr><td>What are your responsibilities?</td><td>All financial oversight,
archives, financial
aspects of enrollment</td><td></td></tr><tr><td>In that capacity, are you familiar with the normal business
practices of Professional Children's School?</td><td>Yes </td><td></td></tr><tr><td>Are you familiar with the business practices regarding
student files?</td><td>Yes </td><td></td></tr><tr><td>Are you familiar with how those practices worked in the
early 1990s? How?</td><td>Through archives and
conversations with other
employees who have
been there longer</td><td></td></tr><tr><td>What are student files?</td><td>PCS keeps a permanent
file on each student</td><td></td></tr><tr><td>Does PCS regularly maintain student files?</td><td>Yes</td><td></td></tr><tr><td>How are those records maintained?
How did it work in the 1990s?
What happened to paper files?</td><td>Electronically 
Paper 
Digitized in about
2011/12 </td><td></td></tr><tr><td>What sort of information is contained in the student
record? </td><td>Transcript, college recs, 
admissions info</td><td></td></tr><tr><td>Are those records regularly put in the student file at the
time they are created?</td><td>Yes </td><td></td></tr></table>

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## United States v. GHISLAINE MAXWELL, 20 Cr. 330 (AJN)

<table><tr><th>Were they in the 1990s?</th><th>Yes</th><th></th></tr><tr><td>How long are student records kept?</td><td>6 years</td><td></td></tr><tr><td>Are those records kept in the ordinary course of business?</td><td>Yes</td><td></td></tr><tr><td>What happens at the end of that time?</td><td>Destroyed</td><td></td></tr><tr><td>Are they always purged from the file at the completion of
that time?</td><td>No</td><td></td></tr><tr><td>I am handing you what has been marked for identification
as GX 761. Do you recognize this document?</td><td>Yes</td><td></td></tr><tr><td>Without saying any names, what is it?</td><td>Application</td><td></td></tr><tr><td>Did you review this prior to today?</td><td>Yes</td><td></td></tr><tr><td>How? [Did you compare it with the records from PCS's
files database]</td><td>This student's electronic
file is digitized</td><td></td></tr><tr><td>Is this a true and accurate copy of the document at PCS?</td><td>Yes</td><td></td></tr><tr><td>Government offers 761</td><td></td><td></td></tr></table>

• These are business records

	[ ] o Admissions records: Admissions records:

		• Business records. Doesn't matter whether student or school actually put the information on the school's form. the information on the school's form.

		• In any event, "made" by school when received and relied on in ordinary • In any event, "made" by school when received and relied on in ordinary course ofbusiness - 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 [if necessary]

| 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<br />maintaining applications for admission? |                     |        |
| What efforts does PCS make to verify the information on<br />the application?                | [confirm with Kane] |        |

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## United States v. GHISLAINE MAXWELL, 20 Cr. 330 (AJN)

| Does PCS regularly rely on this information to make<br />admissions decisions?            | Yes                                                         |    |
|-|-|-|
| Does PCS make admissions decisions in the ordinary<br />course of business?               | Yes                                                         |    |
| After PCS makes admissions decisions, do these<br />applications remain in their records? | Yes                                                         |    |
| Where are they kept?                                                                      | In the student file —<br />there is no admissions<br />file |    |

## REVIEW

| Question                                                                                                         | Answer                                                        | Rule                                                                                |
|-|-|-|
| Directing your attention to page I, what grade is the<br />student applying for?                                 | 12                                                            |                                                                                     |
| Where did the student attend high school previously?<br />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<br />with financial responsibility for this applicant? | JE                                                            | Not<br />offered <br />for <br />truth <br />but for<br />state <br />of <br />mind |
| Does the applicant expect to apply for financial<br />assistance?                                                | No                                                            |                                                                                     |
| Turning to page 3, Section H, how did the student say she<br />became interested in PCS?                         | Referred by the<br />president of admissions<br />at Julliard |                                                                                     |
| Finally, turning to section K, who signed this application?                                                      |                                                               |                                                                                     |

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