An Appeal to Remember

Minder?  I don’t even know her.  In US v. Minder, a Fourth Circuit appeal involving a classic Ponzi scheme, the appellant argued that his instant messaging was admissible as an exception to the hearsay rule.  (Apparently, the defense theory supported the notion that these IMs would show that Minder believed the scheme was actually a legitimate investment program rather than a scam.)  After a brief analysis of rule 804(b)(3) and the plain error rule, since his particular basis for admissibility had not been raised at the District Court level, the appellate court affirmed the lower court in finding that this type of evidence constituted inadmissible hearsay.

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