Zinovy Brodsky - Page 115




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          to the authenticity of the original or (2) in the circumstances             
          it would be unfair to admit the duplicate in lieu of the origi-             
          nal.”  FRE 1003.                                                            
               The material entries that are the subject of respondent’s              
          evidentiary objection are not “originals” or “counterparts”                 
          within the meaning of FRE 1001(3), nor are they “duplicates”                
          within the meaning of FRE 1001(4).  Rather, those entries reflect           
          information that certain of respondent’s employees obtained by              
          reviewing certain other documents obtained pursuant to respon-              
          dent’s summonses to petitioner’s banks.  Unless the Federal Rules           
          of Evidence or an act of Congress provides an exception to FRE              
          1002 that is applicable to the material entries that are the                
          subject of respondent’s evidentiary objection, such entries are             
          not admissible.                                                             
               Petitioner relies on two exceptions to FRE 1002 to support             
          his position that the material entries that are the subject of              
          respondent’s evidentiary objection are admissible to prove the              
          identity of the payors during the years at issue of certain items           
          that were deposited into petitioner’s accounts.  The first                  
          exception on which petitioner relies is FRE 1004(3), which                  
          provides:                                                                   
                    The original is not required, and other evidence                  
               of the contents of a writing, recording, or photograph                 
               is admissible if–-                                                     
                           *    *    *    *    *    *    *                            
                         (3) Original in Possession of Opponent.  At a                
                    time when an original was under the control of the                
                    party against whom offered, that party was put on                 





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