-- "is a legal determination properly made by the court and not by an expert." Fed. Reserve Bank of Richmond, 698 F.2d at 648; cf. United States v. Philip Morris USA, Inc., 449 F. Supp. 2d 1, 706 n.29 (D.D.C. 2006) (criticizing one of Plaintiffs' experts for his undue reliance on statistical significance). Neverthele