This section contains the nature of the case and procedural background.

An undercover Secret Service agent purchased two treasury checks in the amounts of $1,008 and $807 from D for $350. The next day the agent purchased treasury checks in the amounts of $10,000 and $1,008 from D for $1,000….. and so on and so on. The intended payees were asked to fill out and return Form 1133 to confirm that the payees did not receive the checks nor authorize anyone else to negotiate them. Form 1133 is routinely sent to intended payees of government checks who the Treasury Department believes have not received their checks. The filing of the form facilitates the prompt issuance of a replacement check. The payees filled in the form and returned them to the Secret Service. D was indicted, and during trial, P was allowed to introduce the returned Form 1133’s. D objected. The court held that they were admissible under the business records exception. D was convicted and appealed. D argues, in part, that it was error to receive Form 1133 into evidence.

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