Report Indicates DOJ Spent Unauthorized Millions on Expert Witnesses

Written on Monday, September 29th, 2014 by Colin Holloway, Attorney at Law
Filed under: ExpertWitness, General, In the News

A recent report indicates that the US Department of Justice paid $15 million for expert witnesses who were not needed by federal prosecutors, and an additional $10 million on experts whose use was not clearly defined. The report, released by the Justice Department’s inspector general, revealed poor governance of the DOJ’s expert witness program that resulted in unjustifiable payments.

DOJ Hires Unnecessary Expert Witnesses

The Inspector General (IG) report reviewed 729 expert witness contracts across the US and found that 74, over 10%, did not meet the federal guidelines for obtaining witness services. Of those 74, 43 were hired “before or without a court docket date,” which is one of the criteria of the federal expert witness spending guidelines. In the other 31 cases, the IG report found: (1) there was no indication that expert testimony was anticipated, (2) expert services were provided for cases heard outside of the federal judicial system; or (3) administrative services were the primary purpose. All three uses of experts are not approved under the spending guidelines.

These 74 contracts totaled $15.2 million, which is close to 9% of the close to $180 million that was spent on the cases the IG reviewed. The IG report was not finished, however, as investigators also discovered questionable spending on experts for reasons that were unclear.

IG Report Finds Suspect Expert Hiring

In addition to the 74 contracts that seemed in clear violation of expert witness spending guidelines, the IG report found 39 expert contracts that could not be verified. In these 39 cases, the IG could not determine if the contracts fell within the federal spending guidelines because either the contract terms were too vague or the guidelines themselves were. These 39 contracts totaled $10 million, bringing the total amount of money that was either misspent or unsupported to $25.2 million.

The expert witness contracts costing the federal government millions of dollars without adequate support under spending guidelines, but the agreements were not the only questionable expert spending decisions made by the DOJ.

Expert Witness Report Reveals Excess Spending

The IG report also found several instances of unallowable or unsupported travel expenses paid to expert witnesses by the DOJ. The report noted more than $24,000 spent on hotel charges that were not permitted under spending guidelines, and 26 instances of unauthorized first class travel for experts. Going further, the IG identified more than $100,000 spent on computers that were not solely used by experts – a practice that is not permitted. The IG investigation also uncovered $1.2 million spent on expert witnesses in cases that were not tried in US courts.

At the conclusion of its report, the IG expressed the need for greater institutional control across the DOJ to limit the occurrence of impermissible expert witness spending. With President Obama requesting more than $270 million for the DOJ’s expert witness program, the work done by the Inspector General highlights the need for better financial accountability. The report made 12 recommendations to both strengthen the expert witness spending guidelines and improve training of those responsible for monitoring the expert program’s financial decisions. Improved education across the DOJ staff and regular auditing of expert witness spending should, according to the IG, limit the unauthorized financial decisions that have cost the federal government millions of dollars.

About Colin Holloway, Attorney at Law

LinkedIn Colin Holloway is an attorney operating in the Washington DC area. He is a graduate of Carnegie Mellon University and Emory University School of law, and has practice experience in criminal defense, personal injury litigation, mediation, and employment law.

About Colin Holloway, Attorney at Law

LinkedIn Colin Holloway is an attorney operating in the Washington DC area. He is a graduate of Carnegie Mellon University and Emory University School of law, and has practice experience in criminal defense, personal injury litigation, mediation, and employment law.

One thought on “Report Indicates DOJ Spent Unauthorized Millions on Expert Witnesses

  1. Gloria Grening Wolk

    This fits with the political nature of many of the DOJ’s prosecutions, the lack of accountability, and the huge need for a drastic overhaul. I am reading defense lawyer Rob Cary’s just-published “Not Guilty”–the story of the illegal prosecution of Senator Ted Stevens. Among the many disgusting acts of the prosecutors, they filed the case in D.C. instead of Alaska which created huge expenses for taxpayers as well as Stevens (trips to Alaska, airfare and hotels for witnesses ferried from Alaska to trial in DC).

    Then there is the expose of the DOJ in federal appeals lawyer Sidney Powell’s book, “Licensed to Lie.” What will it take to bring reforms to the DOJ that force adherence to democratic ideals and adherence to principles of justice?

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