A defendant was charged with defrauding a federally insured bank. At trial, the defendant, in response to a question by the prosecutor, denied owing $125,000 to creditors at the time of the alleged fraud. The prosecutor showed the defendant a bankruptcy petition that she had filed, showing secured claims of $125,000 against her during the relevant time. The defendant testified that the information in the petition was incorrect and had been withdrawn. Can the prosecutor introduce the bankruptcy petition into evidence as an opposing party’s statement?
i. No, because this a criminal prosecution and a bankrupcty is a civil matter.
ii. No, because the defendant had withdrawn the bankruptcy petition.
iii. Yes, because it is a statement by a party to the current litigation.
iv. Yes, because the admission was against her interest at the time she made it.