Lee v. Commonwealth

507 S.E.2d 629, 28 Va. App. 571, 1998 Va. App. LEXIS 640
CourtCourt of Appeals of Virginia
DecidedDecember 8, 1998
Docket2432973
StatusPublished
Cited by19 cases

This text of 507 S.E.2d 629 (Lee v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lee v. Commonwealth, 507 S.E.2d 629, 28 Va. App. 571, 1998 Va. App. LEXIS 640 (Va. Ct. App. 1998).

Opinion

BUMGARDNER, Judge.

John Percy Lee, Sr. appeals his conviction by a jury of two counts of forgery, two counts of uttering and two counts of misdemeanor false pretenses. He argues that the trial court erred when it admitted the testimony of an employee of the company that issued the forged checks. The only issue is whether the employee, a fraud investigator, had sufficient personal knowledge of the company’s business records and procedures to be able to testify that the checks were not authorized. We conclude that the testimony was proper, and we affirm the convictions.

On appeal, we view the evidence in the light most favorable to the Commonwealth and grant to it all reasonable inferences fairly deducible therefrom. See Higginbotham v. Commonwealth, 216 Va. 349, 352, 218 S.E.2d 534, 537 (1975).

*574 Com Data is a company that provides trucking companies with a secure method to pay their drivers’ expenses. A trucking company establishes an account with Com Data and receives special blank checks and coded numbers, known as the express codes. The trucking company distributes checks with express codes on them to a driver. When a driver needs to pay for something while on the road, he completes the check for the amount of money needed and negotiates it to the provider. The provider calls Com Data to obtain confirmation that the check will be honored. The provider gives the Com Data operator the express code number from the check. The operator enters the express code into the company’s computer, and if the computer recognizes it as a valid number, the computer randomly generates another number, known as the authorization number. The computer does not generate an authorization number unless it receives a valid express code, and the authorization number generated is unique to the particular transaction. The Com Data operator gives the authorization number to the provider who enters it on the face of the check. The provider then negotiates the check like any other.

The check passes through normal bank clearing channels until it gets to Com Data’s bank. Before honoring the check, the bank sends it to Bank-Recon, a division of Com Data. Bank-Recon gives final approval to the bank for payment after making computer images of the checks and entering data from them into the computer system. Bank-Recon maintains these computer records which list all checks that have been authorized and the codes associated with the checks.

The evidence shows that the defendant negotiated the checks in question at two convenience stores. The cashiers, who cashed the checks, testified that the defendant completed the checks, made telephone calls to obtain authorization numbers, entered them on the checks, and negotiated the checks receiving value for them. All entries on the checks were written by the defendant. One cashier said that the “com checks” were unusual at that store, and the other cashier was unfamiliar with them.

*575 The Commonwealth called Trenton Bateman as a witness to explain the Com Data records and procedure for approving checks. Bateman was a fraud investigator with Com Data, having worked for the company for two years. He began as a telephone operator who received calls from providers requesting approval to cash checks, and he issued authorization numbers to them. He became a supervisor of other telephone operators and then a fraud investigator. As part of his investigative duties he had access to all of Com Data’s computer records including those for which Bank-Recon was custodian. Bateman investigated the two checks cashed by the defendant.

Bateman testified that the express codes on both checks were invalid because they had letters in them and valid express codes contained only numbers. Authorization numbers were never issued by Com Data’s computers without valid express codes. Further, according to Com Data’s records the authorization numbers on the checks had not been issued by Com Data.

Bateman’s investigation mainly consisted of accessing the company’s computer records. Bateman explained that he entered the express code that had been written on the face of each questioned check. He further explained that when a proper express code was entered into the company’s computer, the computer would display the number of registered checks associated with that code. However, when Bateman entered the express codes from the checks tendered by the defendant, the computer revealed “invalid express code.” He testified that response indicated to him that the check had not been authorized by Com Data.

The defendant’s argument on appeal is that the trial court erred in admitting Bateman’s testimony that Com Data had not authorized the two checks the defendant cashed. The defendant argues this testimony was inadmissible because Bateman was not qualified to testify about company records and procedures. He argues that Bateman’s testimony was unreliable because he did not have sufficient personal knowl *576 edge to testify that the cheeks were not authorized. We disagree.

Business records are admitted as an exception to the hearsay rule because they have a guarantee of trustworthiness and reliability. The business must keep the records in the normal course of its business and make them contemporaneously with the event that generates them. The people who prepare them and for whom they are prepared must rely upon the records in the transaction of the business. See Automatic Sprinkler Corp. v. Coley & Petersen, Inc., 219 Va. 781, 793, 250 S.E.2d 765, 773 (1979) (payroll records admissible because prepared and relied upon in the regular course of business); Frye v. Commonwealth, 231 Va. 370, 387, 345 S.E.2d 267, 279-80 (1986); Kettler & Scott, Inc. v. Earth Tech. Cos., Inc., 248 Va. 450, 457, 449 S.E.2d 782, 785 (1994).

Bateman explained how Com Data compiled its computer records and how it generated records of the authorization codes contemporaneously with the transaction. He explained that the company compiled the computer records as part of Com Data’s routine procedure to authorize checks and it relied on that data in the regular course of its business. Bateman had access to all Com Data’s records as its fraud investigator, and he could retrieve the data as necessary for his investigations. These computer records qualify as business records.

The next issue is whether Bateman was a proper person to testify about Com Data’s business records and to authenticate them. These records are admissible under the business records exception even though Bateman did not make the computer entries nor was he the custodian of Com Data’s company records. Although Bateman was not a custodian of the records, he was an employee who had knowledge of how Com Data’s records were compiled and maintained, and he had access to those records as an integral part of his responsibilities as a fraud investigator for his employer.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pegasystems Inc. v. Appian Corporation
Court of Appeals of Virginia, 2024
Joseph John Melick v. Commonwealth of Virginia
816 S.E.2d 599 (Court of Appeals of Virginia, 2018)
Eddie Wayne Chewning v. Commonwealth of Virginia
Court of Appeals of Virginia, 2014
Trang Chau v. Commonwealth of Virginia
Court of Appeals of Virginia, 2011
James Anthony Dennis v. Commonwealth of Virginia
Court of Appeals of Virginia, 2010
Cooper v. Commonwealth
680 S.E.2d 361 (Court of Appeals of Virginia, 2009)
Midkiff v. Commonwealth
678 S.E.2d 287 (Court of Appeals of Virginia, 2009)
Nicky Neofotis v. Commonwealth
Court of Appeals of Virginia, 2006
Brenda S. Neofotis v. Commonwealth
Court of Appeals of Virginia, 2006
McDowell v. Commonwealth
628 S.E.2d 542 (Court of Appeals of Virginia, 2006)
Robert Michael Baber v. Commonwealth
Court of Appeals of Virginia, 2003
Jones v. Commonwealth
563 S.E.2d 364 (Court of Appeals of Virginia, 2002)
Telco Communications Group, Inc. v. Holtz Marketing Group, L.L.C.
53 Va. Cir. 66 (Fairfax County Circuit Court, 2000)
Kevin Dwayne Smith v. Commonwealth of Virginia
Court of Appeals of Virginia, 2000

Cite This Page — Counsel Stack

Bluebook (online)
507 S.E.2d 629, 28 Va. App. 571, 1998 Va. App. LEXIS 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-commonwealth-vactapp-1998.