Notice of Intent to Use 902(11) & 803(6) Evidence by USA as to Andre Lorquet — USA v. Lorquet (Dkt. 23, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20326-KMM · Doc. 23 · 2022-12-27 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 22-20326-CR-MOORE 
 
 
UNITED STATES OF AMERICA, 
 
v. 
 
ANDRE LORQUET, 
 
 
Defendant. 
___________________________/ 
 
 
UNITED STATES OF AMERICA’S NOTICE OF INTENT TO ADMIT EVIDENCE 
PURSUANT TO FEDERAL RULES OF EVIDENCE 902(11) AND 803(6) 
 
The United States of America, by and through the undersigned Assistant United States 
Attorney, hereby files this notice of intent to admit evidence through Federal Rules of Evidence 
(“FRE”) 902(11) and 803(6), and states the following in support thereof:  
At the trial of the instant cause, the United States intends to admit business records through 
Federal Rule of Evidence 902(11) and 803(6), which provide for the admissibility and authenticity 
of business records via certifications provided by a records custodian. 
Pursuant to Federal Rule of Evidence 902(11),  
A party intending to offer a record into evidence under this paragraph must provide 
written notice of that intention to all adverse parties, and must make the record and 
declaration available for inspection sufficiently in advance of their offer into 
evidence to provide an adverse party with a fair opportunity to challenge them.  
 
 
Case 1:22-cr-20326-KMM   Document 23   Entered on FLSD Docket 12/27/2022   Page 1 of 3

 
 
2 
Pursuant to Federal Rule of Evidence 803(6), 
The following [is] not excluded by the rule against hearsay, regardless of whether 
the declarant is available as a witness: . . . A record of an act, event, condition, 
opinion, or diagnosis if: (A) the record was made at or near the time by—or from 
information transmitted by—someone with knowledge; (B) the record was kept in 
the course of a regularly conducted activity of a business, organization, occupation, 
or calling, whether or not for profit; (C) making the record was a regular practice 
of that activity; (D) all these conditions are shown by the testimony of the custodian 
or another qualified witness, or by a certification that complies with Rule 902(11) 
or (12) or with a statute permitting certification. 
 
The certifications are attached to this notice.  Below are the document control numbers 
corresponding with each certification: 
 
CN_005 
TD Bank 
CN_010 
American Lending Center 
CN_011 
BlueVine 
CN_012 
Celtic Bank 
CN_013 
Florida Department of Revenue 
CN_017 
Comcast 
CN_020 
TD Bank 
CN_022 
Comast 
CN_027 
Celtic Bank 
CN_028 
Cross River Bank 
CN_032 
Florida Department of Revenue 
CN_033 
Google 
CN_033a 
Google 
CN_034 
Comcast 
CN_035 
Craig Zinn 
CN_039 
TMobile 
CN_043 
Comcast 
CN_045 
TMobile 
507900896 
Facebook (Meta) 
27146730 
Google (Gmail) 
243881117 
Instagram (Meta) 
 
 
 
Case 1:22-cr-20326-KMM   Document 23   Entered on FLSD Docket 12/27/2022   Page 2 of 3

 
 
3 
This filing is intended to provide the defense with the required notice under Federal Rule 
of Evidence 902(11).  The above certifications and corresponding business records have been 
produced to the defense.  
 
 
 
 
 
Respectfully submitted, 
 
     
 
 
 
 
 
 
JUAN ANTONIO GONZALEZ 
 
 
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
 
 
 
 
BY:  Jonathan Bailyn    
 
 
 
 
 
 
Jonathan R. Bailyn, AUSA 
Court ID No. A5502602 
99 Northeast Fourth Street, 6th Floor 
Miami, Florida 33132-2111 
Phone: (305) 961-9071 
jonathan.bailyn@usdoj.gov 
Case 1:22-cr-20326-KMM   Document 23   Entered on FLSD Docket 12/27/2022   Page 3 of 3

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