Elkan Abramowitz

September 05, 2024 | New York Law Journal

"What is lenity? It is a rule of statutory construction under which ambiguous criminal laws are interpreted in favor of defendants," write Elkan Abramowitz and Jonathan S. Sack.

By Elkan Abramowitz and Jonathan S. Sack

10 minute read

July 08, 2024 | New York Law Journal

This article describes different approaches taken to a "fraudulent inducement" theory of liability by contrasting the Third Circuit's decision in 'Kousisis' with the Second Circuit's different approach. It concludes with observations on the potential significance of a Supreme Court ruling that further limits the scope of mail/wire fraud.

By Elkan Abramowitz and Jonathan Sack

10 minute read

May 02, 2024 | New York Law Journal

Campaign contributions can reflect genuine support for a candidate's positions and appreciation for ordinary aid to constituents. They can also become a bribe—that is, part of an illegal quid pro quo for political favors. What should the test be for deciding when a campaign contribution turns into a bribe?

By Elkan Abramowitz and Jonathan Sack

11 minute read

February 29, 2024 | New York Law Journal

Section 666 of Title 18 has become one of the most important legal tools used in the federal prosecution of state and local corruption. It will soon be taken up by the Supreme Court. This article discusses another important federal anti-corruption statute, 18 U.S.C. §201. It then describes the competing interpretations of Section 666 and concludes with comments on the implications of a Supreme Court decision in 'United States v. Snyder'.

By Elkan Abramowitz and Jonathan Sack

10 minute read

January 11, 2024 | New York Law Journal

Bribes and kickbacks of public and private officials in the United States are still prosecuted under the mail/wire fraud statutes and the Hobbs Act, but departures from paradigmatic cases have become more vulnerable to challenge. The Second Circuit's recent affirmance in the case of a bank officer convicted of corruption is noteworthy when viewed against that backdrop.

By Elkan Abramowitz and Jonathan Sack

11 minute read

November 07, 2023 | New York Law Journal

This article discusses the DOJ's national security enforcement initiatives and highlights cases that are representative of this new focus. It also touches on the M&A Safe Harbor Policy and how it complements and reinforces the DOJ's current voluntary disclosure policy.

By Elkan Abramowitz and Jonathan S. Sack

10 minute read

July 20, 2023 | New York Law Journal

In May 2023, the U.S. Court of Appeals for the First Circuit set aside the convictions of two individuals in the government's high-profile "Varsity Blues" prosecution of fraud and bribery in the college admissions process. In part one of this two-part series, we addressed the court's holding that the government charged an improper "hub and spoke" conspiracy, which resulted in an unfair trial due to the admission of irrelevant prejudicial evidence against defendants. In this article, we address the court's bribery and fraud rulings.

By Elkan Abramowitz and Jonathan Sack

10 minute read

July 06, 2023 | New York Law Journal

On May 10, the U.S. Court of Appeals for the First Circuit vacated their convictions on the fraud, bribery and conspiracy charges, though it affirmed Wilson's conviction on a single count of filing a false tax return relating to a deduction taken for payments to Singer.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read

May 02, 2023 | New York Law Journal

In this article, authors Elkan Abramowitz and Jonathan S. Sack analyze a recent DPA and related remarks by Criminal Division leadership, which shed light on how prosecutors will deal with companies with aggravating factors, such as prior misconduct.

By Elkan Abramowitz and Jonathan Sack

10 minute read

March 02, 2023 | New York Law Journal

In this article, authors Elkan Abramowitz and Jonathan S. Sack discuss victims' rights in federal criminal law, and then the pair move to the facts in the Boeing prosecution and Judge Reed O'Connor's consideration of the victims' claims.

By Elkan Abramowitz and Jonathan S. Sack

10 minute read