EFTA00031259

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? 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 Yes practices of Professional Children's School? Are you familiar with the business practices regarding Yes student files? Are you familiar with how those practices worked in the Through archives and early 1990s? How? 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 Transcript, college recs, record? admissions info Are those records regularly put in the student file at the Yes time they are created? 1 EFTA00031259 United States p. GMSLAINE MAXWELL, 20 Cr. 330 (MN) 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 Yes as GX 761. Do you recognize this document? 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 This student's electronic files database] 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. 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 [confirm with Kane) the application? 2 EFTA00031260 United States it GMSLAINE MAXWELL, 20 Cr. 330 (MN) Does PCS regularly rely on this information to make Yes admissions decisions? 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 12 student applying for? Where did the student attend high school previously? WPB, Florida Where is that located? Why did the student leave? Moved to New York Turning to page 2, Section E, who is listed as the person JE Not with financial responsibility for this applicant? offered for truth but for state of mind Does the applicant expect to apply for financial No assistance? Turning to page 3, Section H, how did the student say she Referred by the became interested in PCS? president of admissions at Julliard Finally, turning to section K, who signed this application? 3 EFTA00031261