Epstein Secrets

will testify but actually "summarize the experts' opinions about those topics" and "describe the bases for the experts' opinions." United States v. Ulbricht, 858 F.3d 71, 115 (2d Cir. 2017) (emphasis added); United States v. Valle, No. 12-CR-847 (PGG), 2013 WL 440687, at *5 (S.D.N.Y. Feb. 2, 2013) ("Mer

s."). If the Defense's disclosure of an expert witness does not satisfy Rule 16, the Court has "broad discretion" to fashion an appropriate remedy. Ulbricht, 858 F.3d at 115. That discretion is guided by factors including "why disclosure was not made, the extent of the prejudice, if any, to the opposing

and the context of trial. The Government moves to exclude the testimony of Bennett Gershman in its entirety. As explained in the notice, Professor Gershman "is a leading authority on prosecutorial misconduct." Notice at 12. The Defense expects that he will testify "on best practices to ensure the integ

guilt. Id. at 19 (quoting United States v. Duncan, No. 18-CR-289, 2019 WL 2210663 (S.D.N.Y. 2019)). The Court concludes that the expected topics of Gershman's testimony—investigation, witness preparation, media contact, being neutral and accurate, and relationships with victims-all fall within the rubric

will testify but actually "summarize the experts' opinions about those topics" and "describe the bases for the experts' opinions." United States v. Ulbricht, 858 F.3d 71, 115 (2d Cir. 2017) (emphasis added); United States v. Valle, No. 12-CR-847 (PGG), 2013 WL 440687, at *5 (S.D.N.Y. Feb. 2, 2013) ("Mer

and the context of trial. The Government moves to exclude the testimony of Bennett Gershman in its entirety. As explained in the notice, Professor Gershman "is a leading authority on prosecutorial misconduct." Notice at 12. The Defense expects that he will testify "on best practices to ensure the integ

an expert imprimatur on these arguments would only enhance the Rule 403 prejudice. Third, apart from Rule 401 and 403, the Defense's disclosure of Gershman does not satisfy Rule 16. The Defense has listed only the general topics on which Gershman will testify, like "investigation," "media contact," and

mary of the bases of the expert's opinion." Id. The content of the expert notice must actually "summarize the experts' opinions." United States v. Ulbricht, 858 F.3d 71, 115 (2d Cir. 2017), abrogated on other grounds by Carpenter v. United States, 138 S. Ct. 2206 (2018). "Merely identifying the general

T GERSHMAN The defense proposes to call Bennett Gershman, a professor of law at Pace University, for the following testimony: We expect Professor Gershman to provide testimony on best practices to ensure the integrity of any prosecution, focusing on investigation, witness preparation, media contact, n

reclude Gershman or to require supplemental notice. It is likely that such information would demonstrate the unreliability or further irrelevance of Gershman's testimony. In a recent case, however, Gershman attempted to offer precisely the sort of testimony that this Court has already excluded. See US. S