USA v. Roberson

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

UNITED STATES OF AMERICA CRIMINAL ACTION

VERSUS NO. 25-210

CHERIKAH ROBERSON SECTION: N

ORDER
Before the Court are the government’s Motion in Limine to Deem Authentic
and Admissible Business Records
1
and an amended motion in which the government
provides an amended chart of records subject to its motion.
2
The Court heard
argument on the motion on July 28, 2026, and ordered
3
that any response by
Defendant Cherikah Roberson be filed by Friday, August 7, 2026. Roberson has not
filed a response. After careful consideration of the government’s memoranda, the
parties’ oral arguments, the record, and the applicable law, the Court GRANTS the
motion as amended.
I. FACTUAL AND PROCEDURAL BACKGROUND
Defendant Cherikah Roberson was indicted on August 14, 2025, for conspiracy
to commit wire fraud, wire fraud, false statements, and theft of government funds
arising out of alleged schemes to defraud the Small Business Administration and
other financial institutions supporting the Paycheck Protection Program, Kentucky’s
Office of Unemployment Insurance, and the Federal Emergency Management

1
Rec. Doc. 50.
2
Rec. Doc. 59.
3
Rec. Doc. 60.
Case 2:25-cr-00210-ASJ-MBN Document 61 Filed 08/12/26 Page 1 of 5

Agency.
4
As permitted by Federal Rule of Evidence 104, the government requests a
preliminary determination that certain records are admissible as business records
under the exception to hearsay set forth in Rule 803(6).
5
Subject to the motion are
documents provided by various financial institutions and a social media platform,
among other business entities, that the government anticipates introducing at trial.
6

With its motion, the government provided certifications from custodians of these
records, filed under seal, and provided copies of the records to the Court and
defendant.
7

II. LEGAL STANDARD
A. Authenticity via Certifications
Rule 803 of the Federal Rules of Evidence sets forth a number of exceptions to
the evidentiary rule against hearsay that apply “regardless of whether the declarant
is available as a witness.” Under Rule 803(6), a “record of an act, event, condition,
opinion, or diagnosis” is not excluded if
(A) the record was made at or near the time by — or from information
transmitted by — someone with knowledge;
(B) the record was kept in the course of a regularly conducted activity of
a business, organization, occupation, or calling, whether or not for profit;
(C) making the record was a regular practice of that activity;
(D) all these conditions are shown by the testimony of the custodian or
another qualified witness, or by a certification that complies with Rule
902(11) or (12) or with a statute permitting certification; and
(E) the opponent does not show that the source of information or the
method or circumstances of preparation indicate a lack of
trustworthiness.

4
Rec. Doc. 1.
5
Rec. Doc. 50-1 at p.1; Rec. Doc. 59 at p. 1.
6
Rec. Doc. 59-1 at p.1.
7
Rec. Doc. 51-2.
Case 2:25-cr-00210-ASJ-MBN Document 61 Filed 08/12/26 Page 2 of 5

Further, Rule 902 enumerates items of evidence that are “self-authenticating”
and thus “require no extrinsic evidence of authenticity in order to be admitted.”
8
Such
items include certified domestic records of a regularly conducted activity, certified
records generated by an electronic process or system, and certified data copied from
an electronic device, storage medium, or file.
9
The introduction of these types of
records require a “certification of the custodian or another qualified person,” and “the
proponent must give an adverse party reasonable written notice of the intent to offer
the record — and must make the record and certification available for inspection —
so that the party has a fair opportunity to challenge them.”
10
The records must also
meet the requirements of Rule 803(6)(A)-(C). Once these requirements are met, “valid
902(11) certificates are sufficient for admissibility” without additional
authentication.
11

III. ANALYSIS
The government seeks a determination that the following are authentic and
admissible business records: records from Harvest Small Business Finance, LLC,
South Louisiana Bank, Bank of America, Blueacorn, Block, Liberty SBF Holdings,
LLC, Stride Bank, Current, T-Mobile, Google, Yahoo, Facebook, and the Louisiana
Secretary of State.
12
The government filed a certificate of authenticity from each of
these custodians for the records subject to its motion.
13

8
Fed. R. Evid. 902.
9
See, e.g., Fed. R. Evid. 902(11), (13), (14).
10
Fed. R. Evid. 902(11). See also Fed. R. Evid. 902(13), (14).
11
United States v. Age, 136 F. 4th 193, 226 (5th Cir. 2025).
12
Rec. Doc. 50.
13
Id.
Case 2:25-cr-00210-ASJ-MBN Document 61 Filed 08/12/26 Page 3 of 5

Because the records constitute self-authenticating records under Rule 902(11)
and the certificates meet the requirements of Rule 803(6), the Court finds that the
records are authentic and admissible.
14

IV. CONCLUSION
IT IS ORDERED that the Motion in Limine to Deem Authentic and
Admissible Business Records, as amended,
15
is GRANTED. The Court makes the
following preliminary determinations of admissibility regarding authenticity and
hearsay pursuant to Federal Rule of Evidence 104(a). Any proponent must
nevertheless establish the relevance of any document before it is admitted, and all
parties reserve objections under Federal Rule of Evidence 403.
IT IS FURTHER ORDERED that the original Motion in Limine to
Authenticate and Deem Admissible Business Records by the Government
16
is
GRANTED.
IT IS FURTHER ORDERED that records from the following entities are
deemed authentic and admissible as records of regularly conducted activity. See Fed.
R. Evid. 803(6), 902(11). Those entities and records are:
Exhibit
Number
Source Entity Bates Number
1
Harvest Small Business Finance, LLC 002915 – 003034;
006599 – 006600

2 South Louisiana Bank 005968 – 006230
3 Bank of America 000002 – 000186

14
Rec. Doc. 59.
15
Rec. Doc. 59.
16
Rec. Doc. 50.
Case 2:25-cr-00210-ASJ-MBN Document 61 Filed 08/12/26 Page 4 of 5

4 Blueacorn 000285 – 000859
5 Block 000187 – 000284
6
Liberty SBF Holdings, LLC 003090 – 003148;
006715 – 006717;
006718 – 006719

7 Stride Bank 006704 – 006712
8
Current 000879 – 000896;
006597 – 006598

9 T-Mobile 006231 – 006295
10 Google 002892 – 002914
11 Yahoo 006575 – 006596
12 Facebook 000001; 006601
13 Louisiana Secretary of State 006695 – 006703

New Orleans, Louisiana, August 12, 2026.

______________________________
ANNA ST. JOHN
UNITED STATES DISTRICT JUDGE
Case 2:25-cr-00210-ASJ-MBN Document 61 Filed 08/12/26 Page 5 of 5