Elkan Abramowitz

November 04, 2008 | New York Law Journal

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, review recent cases in which the federal courts of appeals have recognized a defendant's right to present expert testimony in order to explain the defense to the jury and where the Second Circuit has examined the government's sometimes questionable use of law enforcement officials as expert witnesses.

By Elkan Abramowitz and Barry A. Bohrer

16 minute read

March 06, 2007 | New York Law Journal

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that the U.S. Supreme Court recently heard oral argument in two cases dealing with the "reasonableness" standard of appellate review of sentencing decisions in the post-Booker era.

By Elkan Abramowitz and Barry A. Bohrer

16 minute read

November 14, 2007 | Law.com

Several cases currently pending before the U.S. Supreme Court question whether the federal money-laundering statute allows prosecutors to increase potential sentences substantially over what would otherwise be permissible for the underlying conduct, without evidence of the aggravated social harm that the statute was designed to redress. Attorneys Elkan Abramowitz and Barry A. Bohrer discuss these cases, which seek to change the way that prosecutors and the courts apply federal money-laundering law.

By Elkan Abramowitz and Barry A. Bohrer

12 minute read

May 04, 2010 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that though many have complained about the especially long reach of the Martin Act, few have been successful in challenging its validity. An attempt to extend the Act to include theft-of-honest-services claims may change that.

By Elkan Abramowitz and Barry A. Bohrer

13 minute read

March 01, 2011 | New York Law Journal

In their White-Collar Crime column, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer members Elkan Abramowitz and Barry A. Bohrer examine recent decisions on the Fourth Amendment's application to digital evidence, noting a number of open and controversial questions that seem ripe for adjudication by the U.S. Supreme Court. A recent decision from the Court indicates a reluctance to address such issues, however.

By Elkan Abramowitz and Barry A. Bohrer

12 minute read

September 05, 2006 | New York Law Journal

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that it appears that the erosion of the foundation of the federal government's approach to prosecution of business organizations, as articulated in the Thompson Memorandum, may not be limited to Judge Kaplan's momentous decisions in the KPMG case. Recent policy statements from the ABA are also challenging the the government's position.

By Elkan Abramowitz and Barry A. Bohrer

13 minute read

March 07, 2006 | New York Law Journal

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason & Silberberg, write that despite Department of Justice policy discouraging naming witnesses as unindicted co-conspirators, recent cases reveal the technique's continuing use by federal prosecutors. These individuals, accused of criminal behavior without being brought to trial and provided a chance to clear their name, will not only incur costly legal expenses, but likely suffer reputational injury.

By Elkan Abramowitz and Barry A. Bohrer

14 minute read

May 02, 2006 | New York Law Journal

Elkan Abramowitz And Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason & Silberberg, write that the recent plight of government attorney Carla Martin in the trial of Zacarias Moussaoui has focused attention on an attorney's obligations concerning witness preparation and accessibility.

By Elkan Abramowitz And Barry A. Bohrer

13 minute read

May 06, 2008 | New York Law Journal

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that the government has increased its focus on border security in response to heightened concerns of international terrorism and crime. Accordingly, international business travelers may be subject to more extensive searches when leaving and entering the United States.

By Elkan Abramowitz and Barry A. Bohrer

15 minute read

January 05, 2010 | New York Law Journal

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: E-mail and other electronic evidence have become the hallmarks of modern day white-collar investigations. When a criminal investigation extends into the workplace, the interplay between electronic evidence and an employee's reasonable expectation of privacy with respect to that data takes center stage. In addition, corporate employers must contend with expansive requests from the government for electronically stored data. Two recent cases, one of which has been granted certiorari by the U.S. Supreme Court, signify a continuing effort by courts to more clearly define the parameters and constitutional limits around electronic evidence.

By Elkan Abramowitz and Barry A. Bohrer

15 minute read