Sounds-Kinda-Like-Science, so we’ll call it … SCIENCE! Handwriting Experts and Daubert Hearings.

Defendant-Appellant Justin Foust appeals from his conviction on six counts of wire fraud, and one count each of aggravated identity theft and money laundering. He was sentenced to 121 months’ imprisonment and three years’ supervised release.

Briefly, Mr. Foust’s company, Platinum Express, LLC, submitted false and
fraudulent invoices to its customer, Chesapeake Energy Corporation (“Chesapeake”). Chesapeake identified more than $4.5 million that it had paid out on these invoices. Mr. Foust did not deny that the invoices were improper and that Platinum Express had not performed the work. But he denied that he had forged the signatures and employee identification numbers of Chesapeake employees.

A handwriting expert testified otherwise regarding invoices associated with Chesapeake employee Bobby Gene Putman. The jury convicted Mr. Foust on the wire-fraud and aggravated identity-theft counts associated with these invoices.

On appeal, Mr. Foust argues that the district court abused its discretion by
allowing the handwriting expert to testify at trial. He contends that (1) the
government did not adequately show that the expert’s methodology was reliable and (2) the handwriting expert used unreliable data in reaching his opinion. This court has jurisdiction under 28 U.S.C. § 1291, and we affirm.

Full Opinion here: United States v. Foust, No. 19-6161 (10th Cir. 2021),

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law

Want to learn about our recent victories?

Do you want to buy our Lawstache merchandise? Maybe a t-shirt?

Are you are a Russian speaker? Вы говорите по-русски?

185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677

Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts

The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!