In their newest contribution to Law360, John S. Siffert and Brandon G. Davis discuss a recent SDNY ruling of great significance for federal criminal cases involving expert witnesses.  Judge Jed Rakoff’s decision in United States v. Mrabet puts prosecutors on notice that courts will take seriously the disclosure requirements for expert witnesses in the new amendment of Criminal Rule 16(a)(1)(G)(iii).   The article reviews the requirements of amended Rule 16, the reasons why it was adopted,  and explains why defense counsel also should expect that Rule 16(b)(1)(C)(iii)’s newly created requirements for reciprocal discovery are likely to be enforced.

The authors outline the amended rule and discuss its purpose in addressing decades of convictions premised on debunked junk science.  They discuss the posture of the Mrabet case, in which Judge Rakoff only became aware of the government’s inadequate Rule 16 disclosure after defense counsel objected to an expert witness’s testimony at trial.  Even though the defendant was convicted on all four counts of a criminal indictment, Judge Rakoff issued this opinion to put criminal attorneys on notice of the amended rule and the fuller disclosures that will be required moving forward.  Readers will walk away with an understanding of the new disclosure requirements and the consequences of not heeding them.