A "statement" for purposes of the hearsay prohibition against the admission of hearsay statements is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.

United States v. Gulley, 526 F.3d 809, 817-818 (5th Cir. 2008) (" In general, '[e]vidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion ....' Fed.R.Evid. 404(a). However, evidence of a 'pertinent'...In a criminal trial accused may offer a pertinent character trait of a victim to show the victim's conduct on a particular occasion; i.e., accused may use victim's character "circumstantially," as "circumstantial" evidence of victim's conduct on a specific occasion.

United States v. Williams, 527 F.3d 1235, 1247 (11th Cir. 2008) (upholding trial court's admission into evidence of accused's history of non-compliance with federal grant regulations because accused claimed good faith defense and inadvertent mistake and rebuttal evidence was offered as "to prove...Evidence of a criminal or wrongful act apart from the act that at issue at trial Is not barred by the prohibition against circumstantial use of character if intent, knowledge, mistake, or accident is a legally-material factual issue, the opposing party suggests the non-existence of knowledge or urges mistake or accident as a defense, and evidence of another crime, wrong, or act is offered to prove the knowledge or the absence of mistake or accident by a criminal defendant or other person.

Hall v. Commissioner, 729 F.2d 632, 634-635 (9th Cir. 1984) (holding that the tax court properly excluded the undated annual contribution statement as a business record because no foundation was laid by a qualified....The exception created by Federal Rule of Evidence 803(11) for religious records applies only if it was the regular practice of the church to keep such records and rely upon them in the conduct of its business.