DOJ-OGR-00018875.pdf

Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 13 of 262 1718 LC8Cmax1 1 business record? 2 MS. STERNHEIM: That is correct, Judge. 3 THE COURT: Mr. Rohrbach. 4 MR. ROHRBACH: I wasn't planning to ask Ms. Gill this, 5 but I think she would say that Mar-a-Lago retains these records 6 in case there is some kind of dispute involving the insurance 7 company and its employees. But Mar-a-Lago does retain these 8 records because, in order to hire, retain, and protect its 9 employees, they presumably make sure they're offered insurance. 10 And I'll just note, your Honor, that the exhibit and 11 Government Exhibit 824 are not just the benefit application 12 forms, but fax transmittal cover sheets from Mar-a-Lago which 13 indicates that Mar-a-Lago is doing the work of processing and 14 sending out these applications. 15 MS. STERNHEIM: But it still contains hearsay 16 information, the source of which we do not know. It is not 17 part of the business of Mar-a-Lago, even though it does have 18 employees and may offer it insurance, the fact that it is kept 19 in their files does not deem it a business record. 20 THE COURT: I think I'll have to hear the testimony, 21 the foundation for the business record to determine whether 22 it's sufficient under the rule. 23 Do you have any authority, Ms. Sternheim? 24 I would say, just intuitively, I would think that 25 employers who provide insurance to employees who have a set of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018875