Notice of Intent to Use 902(11) Evidence by USA as to Andre Lorquet — USA v. Lorquet (Dkt. 34, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20326-KMM · Doc. 34 · 2023-01-09 · 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 34   Entered on FLSD Docket 01/09/2023   Page 1 of 2

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. 
This filing is intended to provide the defense with the required notice under Federal Rule 
of Evidence 902(11).  The above business records have been produced to the defense and the 
certification and records are attached to this notice.  
BY: 
Respectfully submitted, 
MARKENZY LAPOINTE 
UNITED STATES ATTORNEY 
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 34   Entered on FLSD Docket 01/09/2023   Page 2 of 2

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