Commercial Litigation and Arbitration

Email Authentication via Admission

Anderson v. United States, 2014 U.S. Dist. LEXIS 166799 (N.D. Ga. Dec. 2, 2014):

6. Failure to Challenge Authenticity and Completeness of E-Mails

Finally, Petitioner contends that his trial counsel provided ineffective assistance by failing to challenge the authenticity and completeness of the printouts of e-mail exchanges between the undercover agent and Petitioner or his partner. (Suppl.; Br. Supp. § 2255 Mot. at 32-33.) [*13]  Judge Johnson correctly rejected this argument, noting:

   During trial, [Petitioner] testified regarding the authenticity and completeness of the emails. [Petitioner] acknowledged that he sent the email initiating communications with the undercover agent, that his email address was andrcga@aol.com, and that he wrote all of the emails from that address that were admitted into evidence. (Trial Tr. Vol. II [67] at 21, 28.) [Petitioner] also testified that the emails introduced into evidence between himself and the undercover agent were the "complete list" of emails between himself and the agent and that there were "no missing emails." (Id. at 29.) Because [Petitioner] authenticated the emails and testified that they were complete, he cannot show deficient performance or prejudice based on counsel's failure to object based on authenticity and completeness.

(Final Report & Recommendation at 11-12.) Petitioner therefore is not entitled to relief based on this argument. Further, with all due respect to Petitioner, nothing in his Objections warrants a different conclusion, including Petitioner's contention that he is entitled to an evidentiary hearing to address this claim. (Objections at 14-15.) The Court therefore adopts [*14]  this portion of the Final Report and Recommendation, and overrules Petitioner's corresponding Objections.

Share this article:

Facebook
Twitter
LinkedIn
Email

Recent Posts

(1) Appellate Review of Inherent Power Sanctions (7th Circuit): Factual Findings Reviewed for Clear Error, Choice of Sanction for Abuse of Discretion — 4-Element Test for Reversal; (2) Sanctions and Class Actions: Monetary Sanctions Properly Imposed on Defendants for Improper Communications with Class Members (Represented Parties) — “[I]f The Class And The Class Opponent Are Involved In An Ongoing Business Relationship, Communications From The Class Opponent To The Class May Be Coercive” (Good Quote); (3) Monetary Sanctions under Goodyear v. Haeger: If Same Fact-Gathering Would Have Been Conducted Absent The Misconduct, No But-For Causation — But Only “Rough Justice” Required, “Not Accountant-Like Precision” (Good Quote) — Once Misconduct Is Clear, Time Spent Ferreting It Out Compensable under Goodyear; (4) Goodyear Did Not Overrule Long-Standing Rule That Courts May Impose Modest Civil Monetary Sanctions to Curb Litigation Abuse; (5) Appellate Jurisdiction Lacking Where Sanctioned Attorney Fails to File Notice of Appeal and Lawyer’s Intent to Appeal Not Apparent from Client’s Notice; (5) Rule 11 Improper Purpose — Party May Have Many Purposes for Pursuing Claim — As Long As Claim Is Supported by Good Faith Belief in the Merits, “A Parallel Reason Does Not Violate Rule 11” — To Deny A Motion for Sanctions, The District Court Need Not Address Every Argument: “Arguments Clearly Without Merit Can, And For The Sake Of Judicial Economy Should, Be Passed Over In Silence” (Good Quote); Non-Monetary Sanction on Counsel: Complete Twice The Required Amount Of Professional Responsibility Hours For Her Next Continuing Legal Education Cycle Imposed By The State Bar

Archives