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

## Paul Kane Q&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

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

## 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>

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

## BACKGROUND (cont.)

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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>

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

• These are business records

	- 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 [if necessary]

<table><tr><th>Question</th><th>Answer</th><th>Rule</th></tr><tr><td>Mr. Kane, a few more questions about this document</td><td></td><td></td></tr><tr><td>Where does the form come from?</td><td>PCS</td><td></td></tr><tr><td>Who filles out the application?</td><td>The student</td><td></td></tr><tr><td>When an application is received by PCS, what happens?</td><td></td><td></td></tr><tr><td>Is PCS in the regular practice of receiving and
maintaining applications for admission?</td><td></td><td></td></tr><tr><td>What efforts does PCS make to verify the information on
the application?</td><td>[confirm with Kane]</td><td></td></tr></table>

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

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

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

## REVIEW

<table><tr><th>Question</th><th>Answer</th><th>Rule</th></tr><tr><td>Directing your attention to page 1, what grade is the
student applying for?</td><td>12</td><td></td></tr><tr><td>Where did the student attend high school previously?
Where is that located?</td><td>WPB, Florida</td><td></td></tr><tr><td>Why did the student leave?</td><td>Moved to New York</td><td></td></tr><tr><td>Turning to page 2, Section E, who is listed as the person
with financial responsibility for this applicant?</td><td>JE</td><td>Not
offered
for
truth
but for
state
of
mind</td></tr><tr><td>Does the applicant expect to apply for financial
assistance?</td><td>No</td><td></td></tr><tr><td>Turning to page 3, Section H, how did the student say she
became interested in PCS?</td><td>Referred by the
president of admissions
at Julliard</td><td></td></tr><tr><td>Finally, turning to section K, who signed this application?</td><td></td><td></td></tr></table>

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