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United States' Motion to Exclude Expert Testimony of Plaintiffs'

United States' Motion to Exclude Expert Testimony of Plaintiffs'

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PURPOSE OF REPORTThis rebuttal report is a review <strong>of</strong> the <strong>Expert</strong> Report <strong>of</strong>.Mr. Bruce G. Dubins ky, MST, CPA, CFE, CVA. The purpose is <strong>to</strong>evaluate Mr. Dubinsky's analysis and conclusions.SUMY OF REPORTThere are significant problems with Dubinsky's analysis andhis conclusions. Dubinsky's report is not a balanced appraisal<strong>of</strong> the evidence. By selectively choosing what facts <strong>to</strong> describeand analyze, Dubinsky has -- in effect -- made choices regardingwhat evidence bearing on various issues is credible and whatevidence is incredible.In addition, there are numerouslogical, analytical, and conceptual defects in Dubinsky'sanalysis. These defects undermine Dubinsky's opinions andconclusions.Documents not already listed in Appendix B <strong>to</strong> my originalreport that I considered in the preparation <strong>of</strong> this rebuttalreport are listed in the Appendix here<strong>to</strong>. This rebuttal reportacts as a supplement <strong>to</strong> my initial expert report dated May 2,2008, and the disclosures under Fed. R. Civ. P. 26(a) (2)contained in the initial report regarding documents I reviewed,prior testimony, compensation, and qualifications areincorporated herein by reference.- 2 -

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