Brief Fact Summary. The defendant, Patrick Vigneau (the “defendant”), was convicted at trial for his participation in a drug distribution scheme.
Synopsis of Rule of Law. Documents which contain statements by third parties not involved in the business, may not be entered into evidence unredacted as records of regularly conducted business activities, as they do not contain the indicia of reliability required of exceptions to the hearsay rule.
Issue. Whether unredacted copies of forms used by Western Union to send money were properly admitted at trial against defendant in support of the charges against him for money laundering under Federal Rules of Evidence (“FRE”) Rule 803(6) dealing with records of regularly conducted business activities.
Held. No. The Western Union forms were filled out in part by someone not affiliated with the business, and then admitted for all purposes, including the identity of the person that filled out the “sender” information on the form. These documents were improperly admitted.
Defendants explain that the business records exception does not embrace statements contained within a business record that were made by one who is not a part of the business if the embraced statements are offered for their truth.View Full Point of Law