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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
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