Elkan Abramowitz

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

January 25, 2023 | New York Law Journal

We are sure to see public corruption cases brought in the future. We are also sure to see continued challenges for prosecutors and courts, and perhaps opportunities for defense counsel.

By Elkan Abramowitz and Jonathan Sack

10 minute read

November 01, 2022 | New York Law Journal

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack first analyze the majority and concurring opinions in 'Ruan'. Next, they draw a parallel with the law relating to a reliance on counsel defense. They conclude by suggesting how 'Ruan' might be applied in other contexts.

By Elkan Abramowitz and Jonathan Sack

10 minute read

September 09, 2022 | New York Law Journal

These decisions address the scope of conspiracy liability and interpretation of common law concepts in criminal statutes and raise important issues regarding the authority of district courts to decide threshold before trial.

By Elkan Abramowitz and Jonathan Sack

10 minute read

July 05, 2022 | New York Law Journal

The DOJ's certification requirement amounts to a hybrid of corporate and individual responsibility.

By Elkan Abramowitz and Jonathan Sack

10 minute read

May 04, 2022 | New York Law Journal

The acquittal of Mark Forkner, a former Boeing test pilot, this past March highlights the risks of making the prosecution of individuals a priority.

By Elkan Abramowitz and Jonathan Sack

10 minute read

March 03, 2022 | New York Law Journal

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack first summarize the facts underlying the 'Connolly' prosecution and then describe the detailed reasoning of the Second Circuit. They conclude by touching on several important takeaways from the holding—above all, that the decision draws attention to the limits of the mail/wire fraud statutes.

By Elkan Abramowitz and Jonathan Sack

11 minute read

January 06, 2022 | New York Law Journal

In 'Kelly v. United States', a unanimous Supreme Court held that a scheme was not intended to "obtain property" when its objective was to misuse government officials' regulatory powers, or when monetary losses were "incidental," and not the actual object of the scheme. Following 'Kelly', the meaning of property was central to two high-profile cases in the Second Circuit, 'Blaszczak' and 'Gatto'. In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack explain the impact of 'Kelly' on 'Blaszczak' and 'Gatto' and conclude with a brief discussion of the "right to control" theory of mail and wire fraud, which has been challenged in light of the 'Kelly' decision.

By Elkan Abramowitz and Jonathan S. Sack

10 minute read

November 03, 2021 | New York Law Journal

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack explore the Second Circuit's recent decision in 'United States v. Bescond', which held that the defendant, a French citizen charged with commodities fraud, was not a "fugitive."

By Elkan Abramowitz and Jonathan S. Sack

10 minute read

September 09, 2021 | New York Law Journal

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss 'Schaeffler' and 'Carnegie', which shed light on the scope of the common interest doctrine under federal law and, more specifically, within the Second Circuit.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read