- 15 -
The parties stipulated that we may treat Exhibits 90-J and
91-J as statements of petitioner’s brother, Xia Zhi Yuang (Xia
Zhi Yuang’s statements), in China. According to those
statements, the information in Exhibits 79-P and 80-P was created
by accountants for Shanghai Charles and Shanghai Shen in 2001 at
petitioner’s request and then translated into English.
Petitioner contends that Xia Zhi Yuang’s statements show that all
of the requirements for admissibility under rule 803(6) of the
Federal Rules of Evidence6 have been met for Exhibits 79-P, 80-P,
and 81-P. We disagree. There is no evidence that Exhibits 79-P,
80-P, or 81-P were contemporaneously made, were regularly kept,
were based on information transmitted by a person with knowledge,
or that the witness was qualified to provide the information.
Exhibits 79-P, 80-P, and 81-P lack trustworthiness because they
6 Fed. R. Evid. 803(6) provides as follows:
(6) Records of regularly conducted activity.--A
memorandum, report, record, or data compilation, in any
form, of acts, events, conditions, opinions, or
diagnoses, made at or near the time by, or from
information transmitted by, a person with knowledge, if
kept in the course of a regularly conducted business
activity, and if it was the regular practice of that
business activity to make the memorandum, report,
record, or data compilation, all as shown by the
testimony of the custodian or other qualified witness,
* * * unless the source of information or the method or
circumstances of preparation indicate lack of
trustworthiness. The term “business” as used in this
paragraph includes business, institution, association,
profession, occupation, and calling of every kind,
whether or not conducted for profit.
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: May 25, 2011