Ninth Circuit: USA v. Mark Spengler

White collar, FRE

Deft can challenge exclusion of expert on appeal, even if deft didn't offer any witnesses at trial.

Exclusion of expert under Daubert/6A upheld, as even if investments were ultimately prudent, deft thought his acts fraudulent at the time.

Prosc witnesses' references to deft as fiduciary did not mislead jury.

No error in court not striking count from superseding indictment, despite the improper citation of statute and omission of willfulness element, as willfulness was alleged broadly in the indictment.

https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/15/14-30042.pdf