Hamilton v. Department of Social Services

holding that the notice requirement is satisfied so long as the opposing party has “sufficient opportunity to determine its trustworthiness” | courts may assume that, where no authority is cited in support of a proposition, "counsel, after diligent search, has found none" | courts may assume that where no authority is cited, counsel has found none after search | "The burden is on the mov-ant to make specific factual allegations of illegality, to produce evidence, and to persuade the court that the evidence should be suppressed.” | burden is on defendant/movant to make specific factual allegations of illegality based on personal knowledge in order to warrant a hearing | as a general proposition, question of ownership of property which depends upon construction or existence of statute is a matter of law for determination by the court | “the burden is on the movant to make specific factual allegations of illegality, to produce evidence, and to persuade the Court that the evidence should be suppressed” | “The burden is on the movant to make specific factual allegations of illegality, to produce evidence, and to persuade the court that the evidence should be suppressed.” | Telfaire-like instruction is to be given when the issue of identity is critical | defendant embezzled money from delinquent student loan account containing 75% federal funds | Government must establish actual property loss under § 641 | discussing the equivalent notice requirement under Rule 803(24) | discussing the equivalent notice requirement under Rule 803(24) | defendant’s appointment calendar admitted under 801(d)(2)(A)