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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