Elkan Abramowitz

May 11, 2021 | New York Law Journal

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss a recent insider trading decision in the Second Circuit, 'United States v. Chow', that illustrates the judicial shaping of insider trading law.

By Elkan Abramowitz and Jonathan S. Sack

10 minute read

March 04, 2021 | New York Law Journal

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack describe two pending federal prosecutions, which level corruption charges against high-level officials in Ohio and Illinois, and consider how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases. They conclude with observations about the outer limits of federal public corruption prosecutions.

By Elkan Abramowitz and Jonathan S. Sack

9 minute read

January 14, 2021 | New York Law Journal

In their White-Collar Crime article, Elkan Abramowitz and Jonathan Sack discuss the dispute over privilege in the case of Theranos founder Elizabeth Holmes, which demonstrates the importance of documenting the nature and scope of a client representation at the outset of an engagement and over time.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read

November 09, 2020 | New York Law Journal

The meaning of "exceeds authorized access" in the Computer Fraud and Abuse Act will soon be taken up by the U.S. Supreme Court in 'United States v. Van Buren'. In their White-Collar Crime article, Elkan Abramowitz and Jonathan Sack describe the Circuit split and explore different methods used by appellate courts to interpret these operative words of the CFAA. The Supreme Court will have the opportunity once more to articulate its approach to interpreting white-collar criminal statutes.

By Elkan Abramowitz and Jonathan S. Sack

10 minute read

September 03, 2020 | New York Law Journal

In their White-Collar Cirme column, Elkan Abramowitz and Jonathan S. Sack discuss the Criminal Division of the Department of Justice and how it recently issued two important documents that reflect significant continuity in DOJ policy toward corporate white-collar criminal investigations.

By Elkan Abramowitz and Jonathan S. Sack

10 minute read

July 16, 2020 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss cases that have begun to address whether "official act" is an element in a private honest services fraud prosecution.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read

May 27, 2020 | New York Law Journal

In their White Collar Crime column, Elkan Abramowitz and Jonathan Sack summarize the facts and district court proceedings, and possible impact of 'In re Wild', which held that federal prosecutors did not have an obligation under the Crime Victims' Rights Act (CVRA), to tell Jeffrey Epstein's victims of the decision not to prosecute Epstein for sex trafficking.

By Elkan Abramowitz and Jonathan Sack

12 minute read

March 02, 2020 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the standard for ordering a bill of particulars in the Second Circuit, drawing a comparison with the standard for civil fraud claims. They then describe a recent decision that highlights the importance of seeking bills of particulars in fraud cases.

By Elkan Abramowitz and Jonathan Sack

11 minute read

January 02, 2020 | New York Law Journal

In its present term, the Supreme Court will hear an appeal arising from the controversy known as "Bridgegate". In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack describe the factual and legal background and discuss the arguments of the defense and the government in the Supreme Court, which touch directly on the proper reach of federal criminal law into the realm of local politics.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read

November 20, 2019 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss materiality in the context of RMBS trading. Their analysis of recent Second Circuit cases underscores the importance of determining how most effectively to counter government claims of materiality in securities fraud cases.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read