The Champion

July 2007 , Page 20 

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Daubert Challenges to Experts in Federal Criminal Cases

By Michael A. Morse, Alexandra C. Gaugler

Challenges to Experts in Federal Criminal Cases: An Overlooked Defense

Federal white collar criminal prosecutions continue to become more and more complex, oftentimes pushing the envelope of the law. In areas such as securities, antitrust, and healthcare fraud, the government regularly relies on novel theories of liability, founded too often upon expert testimony. In many cases, the government’s experts have little or no experience testifying in a criminal matter, and their methods are as untested as the government’s novel theories of prosecution. Yet, surprisingly the white collar defense bar rarely mounts serious Daubert challenges to these government experts. Why not?

In our experience, mounting a Daubert challenge to the government’s expert is an essential part of a zealous, effective defense. Besides the potential for knocking out or limiting a key government witness, a thoughtful Daubert challenge can: (1) provide crucial insight into the government’s case

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