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Judge Seybert http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=120494 THE GOVERNMENT charged defendants with participating in a scheme to defraud a company’s investors. In connection therewith the government gave notice of intent to call John Paul Osborn and Professor Eric J. Pan as expert witnesses. Osborn would provide opinion testimony as to signature identification based on his comparison of defendants’ handwriting against known exemplars. Pan was to provide background testimony on numerous corporate governance issues including—but not limited to—a typical publicly held corporation’s management structure; regulatory rules applicable to such a corporation; and Sarbanes-Oxley’s requirements concerning certification of a company’s financial condition. The court denied preclusion of Osborn’s testimony finding that handwriting analysis was sufficiently reliable under Daubert v. Merrell Dow Pharmaceuticals Inc. and Federal Rule of Evidence 702. Also, Osborn’s education, experience and training as a forensic document examiner established his qualifications as an expert. The court limited Pan’s testimony to all subjects discussed in the government’s notice. He could not offer any opinion as to the conduct of the company or its officers, including defendants.

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