☰ In this section

The Champion

July 2007 , Page 20 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

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

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us

In This Section

Advertisement Advertise with Us