Commercial Litigation and Arbitration

Email Authentication — Custodian of Records from Email Service That Emails Were Sent or Received from 3 Addresses (803(6)) + Testimony from Recipients That They Received Them + Name of Sender as Reflected on Emails

United States v. Gal, 2015 U.S. App. LEXIS 4999 (9th Cir. Mar. 27, 2015):

Carpenter argues that an affidavit filed by Yahoo! Inc.'s custodian of records under Rule 902(11) of the Federal Rules of Evidence supplied insufficient foundation to admit a number of emails as evidence that Carpenter sent the emails to investors. However, the affiant did not attest that Carpenter sent the emails, but only that Yahoo made a record of each email as it was sent or received from three email addresses. See Fed. R. Evid. 803(6) (hearsay exception for records of a regularly conducted activity); United States v. Linn, 880 F.2d 209, 216 (9th Cir. 1989) (holding that an automatically generated record of a telephone call was admissible under Rule 803(6) as evidence of the call's date and time, origin, and destination), abrogated on other grounds by Florida v. White, 526 U.S. 559 (1999). Other evidence established that Carpenter sent the emails. Many victims authenticated the emails, and the emails reflect on their faces that they were sent by "Steve Carpenter."


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