Gregory Chandler - Authentication by Circumstances

At times, a party's own behavior or circumstances act to authenticate evidence in litigation.  An example is United States v. Fraser, 448 F. 3d 833 (6th Cir. 2006).  In the trial court the defendant was
charged in a check fraud scheme.  The prosecution introduced a book, written by the defendant, that detailed a check fraud scheme that was virtually identical to the conduct the defendant was charged with. 

The Sixth Circuit affirmed and held that the book was sufficiently authenticated as the defendant's by his reference to it on his website, his picture on the book's cover, and his name as the author.


GREGORY CHANDLER, Attorney at Law