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Home Source documents Court filing — No. 1:25-cr-00283 (Dkt. 53, S.D.N.Y.)

Court filing — No. 1:25-cr-00283 (Dkt. 53, S.D.N.Y.)

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        Case 1:25-cr-00283-PAE           Document 53       Filed 04/07/26      Page 1 of 2



UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK


 UNITED STATES OF AMERICA,

                        -v-                                             25 CR. 283 (PAE)

 ALIRASHAN,                                                                  ORDER

                                       Defendant.


PAUL A. ENGELMAYER, District Judge:

       The Court has reviewed the report of proposed defense expert David Duhaime, Dkt. 43,

and the parties' memoranda oflaw on the Government's motion to preclude Mr. Duhaime's

testimony in its entirety, Dkts. 43, 45-46. The Court's judgment is that it would benefit from a

Daubert hearing focused on the methodology that Mr. Duhaime utilized in reaching certain

opinions, whether that methodology is reliable, and whether Mr. Duhaime is qualified to render

such opinions.

       These opinions on which the Court commissions a Daubert hearing are:

       1. That ClearMD' s use of specific billing codes for specific medical practices and tests

           was consistent with applicable rules and guidance at the time. The Court expects the

           hearing to focus on the specific billing practices underlying the fraud allegations in

           this case.

       2. The regulatory environment for diagnostic testing centers during the time period of

           the COVID-19 pandemic at issue in this case, and its effect on billing and

           record.keeping practices.

For avoidance of doubt, the Court does not invite a Daubert hearing on any other opinions to

which Mr. Duhaime proposes to testify.

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        Case 1:25-cr-00283-PAE          Document 53          Filed 04/07/26    Page 2 of 2




       The Court schedules a Daubert hearing for Friday, April 17, 2026, beginning at 9:30

a.m., in courtroom 1305 of the Thurgood Marshall United States Courthouse. The Court expects

the hearing to begin with direct testimony by Mr. Duhaime, lasting no more than two hours,

followed by cross-examination from the Government. In light of the Court's other commitments

in the period preceding the trial and the importance of a prompt resolution to this motion, the

parties should not assume that this date can be adjourned.

       SO ORDERED.


                                                                  p!::_~G~~
                                                                  United States District Judge


Dated: April 7, 2026
       New York, New York




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