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Wrong Jonathan Stalls?

Jonathan Stalls

Senior Vice President Recoveries and Risk Operations

Capital One Financial Corp

HQ Phone: (703) 720-1000

Email: j***@***.com

Capital One Financial Corp

1680 Capital One Drive Suite 1400

McLean, Virginia 22102

United States

Company Description

Capital One Financial Corporation (www.capitalone.com) is a financial holding company whose subsidiaries, which include Capital One, N.A., and Capital One Bank (USA), N.A., had $221.8 billion in deposits and $330.3 billion in total assets as of March 31, ... more

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Background Information

Web References

Exhibit 3 was the affidavit of ...

www.hollandlawfirm.com [cached]

Exhibit 3 was the affidavit of Jonathan Stalls, introduced as 'a managing vice president" of Capital One Bank. One document was attached to the affidavit of Jonathan Stalls: a copy of the bill of sale of accounts, presumably from the documentation of the sale of accounts from the bank to Midland.

The Stalls affidavit says that . . . [Stalls] is a custodian of the books and records that were transferred to Midland. Presumably this was an attempt to start a foundation for these records under the business records exception to the hearsay rule . . . Even so, it is obvious from the nature of the transaction in question that the electronic transfer was not a transaction occurring in the ordinary course of business. . . . this was a transaction out of the ordinary course of business where files and accounts were culled separated, reorganized and restructured into the separate electronic file, and then sold in bulk to the new entity. Nothing about this transaction could be said to be part of the routine business of either the bank or of Midland.
The Court criticized the lack of explanation about how the electronic file was prepared and concluded that Stalls could only testify that a sale of accounts had happened, and Stalls could authenticate the bill of sale (which he signed) but no more.
The court noted that the electronic file identify by Stalls was (presumably) the "business records" referred to by Haas.

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