United States v. Gerhart

Charles Gerhart (defendant) submitted photocopies of two settlement checks to a bank as part of a loan application. During an investigation into Gerhart, a bank employee made second photocopies of these checks and gave the original photocopies to the Iowa Department of Public Safety, which later lost them. Gerhart was charged with making false statements on his loan application. At trial, over Gerhart's objection, the prosecution introduced the second photocopy of one check, supported by testimony from a bank employee and a Department employee that it accurately matched the lost original photocopy. Gerhart was convicted and appealed, arguing the prosecution failed to prove the second photocopy was trustworthy.