Todd, I disagree. I'm not wrapping this up in any kind of trial-ready scenario; my point about discussing admissions against penal interest are simply to note that normally such statements like Kevin's might not be admissible in a court because of the lack of reliability, i.e. hearsay. But because they are admissions against penal interest they have significant reliability because who would ever admit to the commission of a fraud in a private conversation? Traditionally, people do not lie when they admit to fraud. They lie to exculpate themselves from allegations of fraud.
And lastly, I'm curious about something. Have you ever discussed in a private email conversation the subject of altering cards and defrauding Net 54 members? And if not, do you know of anyone (besides Kevin and Elkins) who ever has? Anyone?
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