Notice of Intent to Use Evidence Pursuant to FRE 902(11) Evidence by USA — USA v. McCabe (Dkt. 47, S.D. Fla.)

Summary

Document 47, filed 01/28/25, in Case No. 24-CR-80103-CANNON in the U.S. District Court for the Southern District of Florida, is a two-page government notice under Federal Rule of Evidence 902(11) that it intends to offer certified business records at the trial of Dustin Sean McCabe. The certificates come from a North Palm Beach marina operator, Cross River Bank, Celtic Bank Corp., The Maritime Consortium, a credit union, the Palm Beach County Medical Examiner's Office, a resort golf company and the United States Coast Guard. The government says it emailed the certificates to the defense on January 4, 2025, except the Coast Guard certificate, which was emailed on January 28, 2025. AUSA Zachary A. Keller signs for U.S. Attorney Hayden P. O'Byrne.

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Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 24-CR-80103-CANNON 
 
UNITED STATES OF AMERICA 
 
v. 
 
DUSTIN SEAN McCABE, 
 
 
Defendant. 
_______________________________/ 
 
GOVERNMENT’S FRE 902(11) NOTICE OF INTENT  
TO OFFER CERTIFIED BUSINESS RECORDS 
 
 
The United States of America, by and through the undersigned Assistant United States 
Attorney, files this Notice of Intent to Offer Certified Business Records, pursuant to Federal Rule 
of Evidence 902(11). The United States has provided defense counsel certificates of regularly 
conducted activities by email for (1) Safe Harbor North Palm Beach (Safe Harbor Marinas LLC 
& SMH North Palm Beach, LLC), (2) Cross River Bank, (3) Celtic Bank Corp., (4) The 
Maritime Consortium, (5) Knoxville TVA Employees Credit Union, (6) the Palm Beach County 
Medical Examiner’s Office, (7) BSREP III PBG Golf LLC (as to PGA National Resort), and     
(8) the United States Coast Guard. The United States served all of these certificates upon the 
defense by email on January 4, 2025, except one certificate as to the United States Coast Guard, 
which the United States served by email on January 28, 2025.  
 
 
 
 
 
Respectfully submitted,  
 
 
 
 
 
 
 
HAYDEN P. O’BYRNE 
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
Date: January 28, 2025 
 
 
By:   /s/ Zachary A. Keller  
 
 
 
ZACHARY A. KELLER 
Assistant United States Attorney 
U.S. Attorney’s Office – SDFL 
Case 9:24-cr-80103-AMC   Document 47   Entered on FLSD Docket 01/28/2025   Page 1 of 2

 
 
2 
Court No: A5502767 
99 NE 4th Street, 6th Floor 
Miami, Florida 33132 
Tel: (305) 961-9023 
 
 
 
 
 
 
Email: zachary.keller@usdoj.gov 
 
CERTIFICATE OF SERVICE 
 
 
I HEREBY CERTIFY that on January 28, 2025, I electronically filed the foregoing 
document with the Clerk of the Court using CM/ECF. 
 
 
 
 
 
 
 
/s/ Zachary A. Keller                        0                         
 
 
 
 
 
 
Zachary A. Keller 
 
 
 
 
 
 
Assistant United States Attorney 
 
Case 9:24-cr-80103-AMC   Document 47   Entered on FLSD Docket 01/28/2025   Page 2 of 2

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