Should the Government be able to convert an expert witness into a summary witness?

QUESTIONS PRESENTED 1. Should the Government be able to convert an expert witness into a summary witness by supplying one of several possible accounting methodologies, and thereby evade the notice requirements of Federal Rule of Criminal Procedure 16 and avoid scrutiny under Daubert v. Merrell Dow Pharm., 509 U.S. 579, 597 (1993), as the Second Circuit held below? 2. Ina multi-defendant, multi-object conspiracy, if a defendant undisputedly and unequivocally severs all ties with a declarant, can the declarant’s statements be introduced against the defendant as non-hearsay co-conspirator statements simply because the defendant continues to associate with a third-party tangentially linked to the conspiracy, or must an ongoing agency relationship between the declarant and the defendant exist to qualify the statements for the coconspirator exception to the hearsay rule? 3. Is it a violation of a defendant’s due process rights for the Government to abuse its prosecutorial discretion to intimidate all defense witnesses who otherwise would have provided exculpatory testimony by strategically claiming that those witnesses had criminal exposure at the close of the Government’s four-week trial, even though several of the witnesses had previously been on the Government’s own witness list? i