Quimbee logo
DMCA.com Protection Status

United States v. Jacoby

955 F.2d 1527 (1992)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

United States v. Jacoby

United States Court of Appeals for the Eleventh Circuit

955 F.2d 1527 (1992)

Facts

Rob Jacoby (defendant) was president of the Sunrise Savings and Loan Association (Sunrise). Jacoby was indicted for fraud related to Sunrise’s concealment of the questionable financial condition of its borrowers. Dana Scheer was Sunrise’s outside counsel. One of Scheer’s tasks was helping Sunrise close loans. Scheer wrote a memorandum to the file stating that Jacoby authorized him to close certain loans even though Jacoby had “no surveys, appraisals, title commitments, utility letters, permits, [or] opinions of counsel,” and even though closing the loans would violate state law. At trial, Scheer declined to testify, asserting his Fifth Amendment right against self-incrimination. As a result, the prosecution (plaintiff) sought to introduce Scheer’s memorandum into evidence. Scheer’s paralegal and legal secretary testified that it was Scheer’s habit to dictate memoranda to file if anything needed to be explained regarding a closing. They testified that he would not write a memorandum for every closing but would write them “from time to time” and “more than occasionally.” They testified that he would dictate these memoranda around the time of the closing, as he did with the memorandum in this case. They also testified that it was the firm’s business practice to keep such memoranda in its firm files. The district court admitted the memorandum under the residual exception to the hearsay rule. Given this rationale for admission, the district court discussed but did not decide whether the memorandum would be admissible under Federal Rule of Evidence 803(6), the business-records exception to the hearsay rule. A jury convicted Jacoby, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Friedman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 616,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 616,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 616,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership