- 58 - rial entries that are the subject of respondent’s evidentiary objection are the items themselves, i.e., the 25 checks and the 1 money order themselves. See United States v. Carroll, 860 F.2d 500, 506 n.13 (1st Cir. 1988). Certain of respondent’s employees prepared the material entries that are the subject of respon- dent’s evidentiary objection by using copies, which respondent received after having issued summonses to petitioner’s banks, of microfiche of such checks and money order, which microfiche those banks maintained. For purposes of FRE 1001 through 1008, those copies of such microfiche constitute duplicates, and not origi- nals. See id. at 507. On the record before us, we find that respondent was never in control, as required by FRE 1004(3), of the “originals” of the documents that identify the payors during the years at issue of the items that relate to the material entries that are the subject of respondent’s evidentiary objection.16 We further find on the instant record that petitioner has not satisfactorily 16On the instant record, we also have a question about whether petitioner satisfies the requirement under FRE 1004(3) that respondent have been “put on notice” that the contents of respondent’s workpapers were to be a subject of proof at the further trial in this case. In this connection, respondent indicated at the further trial that petitioner did not notify respondent until Aug. 15, 2000, less than one week before the further trial in this case began, that petitioner might offer respondent’s workpapers as exhibits in this case and that respon- dent did not have an opportunity to determine which entries in those workpapers are otherwise established by the stipulations and evidence introduced at the trial and to be introduced at the further trial and which entries he would object to at the further trial.Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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