and second of all -- so that's a rule of completeness, and
Epstein Suite indexes the text; the original document lives at its official source. We don't host the original file — view it on the official release to read it in full.
View the original on the official releaseDocument text
Text is machine OCR and may contain errors. Confirm against the original source above.
10
id.
12
13
14
L5
16
ne)
18
life)
20
21
22
23
24
25
114
H3vlgiu2
and second of all -- so that's a rule of completeness, and
second of all, you were there and you heard it and therefore,
it would go to your state of mind and not for the truth of the
matter asserted.
The next case is United States v. Dupree. That's
another criminal case in this circuit, where a bank fraud
defendant was the subject of a temporary restraining order
issued to that defendant, okay? So, you know, he has a
temporary restraining order, you can't take any money out of
this bank unless you do X, Y, and Z. Well, he took the money
out of the bank without doing X, Y, and Z, and when he came to
trial in his criminal case, the government was allowed to
introduce that restraining order because it was his restraining
order, he knew about it, and it showed his willful intent to
defraud as part of the bank fraud. So that's that case.
Arista Records, LLC v. Lime Group, LLC was another
case they rely on. Again, these are emails that are being
talked about that were written by the defendant's employees and
then the responses to those emails. So clearly the defendants
LLC had corporate knowledge of those things. Screenshots of
software programs, statements made by an agent of the
defendant, those are all the things that we're talking about in
that case, and so there's actual knowledge of the entity of
those statements, which then can go for state of mind.
There are two more cases. Crescenz v. Penguin Group,
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
HOUSE_OVERSIGHT_011417
Have a question about what this document contains?
Ask the documents