Elkan Abramowitz

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

September 30, 2019 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack first describe the holding in 'McDonnell' and then go on to discuss recent Second Circuit decisions which declined to extend the reach of the "official act" requirement. These post-'McDonnell' cases suggest how fluid key aspects of anti-bribery law remain, and how likely it is that the law will be refined in the coming years.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read

July 09, 2019 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the basic limitations on federal prosecutors when they conduct criminal investigations at the same time as related civil enforcement investigations. They also analyze a recent decision that illustrates the importance of being sensitive to possible government overreach during parallel civil and criminal investigations, and of advancing constitutional arguments when appropriate to protect a defendant's rights.

By Elkan Abramowitz and Jonathan Sack

11 minute read

May 06, 2019 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the college admissions scandal in the context of "Kotteakos v. United States," which held that a conspiracy requires interdependence among its members.

By Elkan Abramowitz and Jonathan Sack

11 minute read

March 14, 2019 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack begin with a discussion of Supreme Court cases extending the Sixth Amendment's jury-trial right to sentencing and then consider the increased significance and magnitude of restitution in federal criminal sentencing, especially in white-collar cases. They then analyze Justice Gorsuch's dissent from denial of certiorari in 'Hester', which builds upon the reasoning in dissents in the circuit courts urging for application of 'Apprendi' to restitution.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read

January 07, 2019 | New York Law Journal

White-Collar Crime columnists Elkan Abramowitz and Jonathan S. Sack provide a brief examination of the heavy burden on defendants who claim misconduct in grand jury proceedings. They then discuss a recent Second Circuit decision, which illustrates the reluctance of federal courts to dismiss charges and overturn jury verdicts based on prosecutorial misconduct, even when the government concedes that serious misconduct occurred.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read

November 16, 2018 | New York Law Journal

White-Collar Crime columnists Elkan Abramowitz and Jonathan S. Sack discuss the relationship between corporate internal investigations and the constitutional rights asserted by the defense in 'United States v. Connolly' and 'United States v. Blumberg'. While neither case resulted in a dispositive ruling, the defense arguments, government opposition and judicial reactions are instructive.

By Elkan Abramowitz and Jonathan S. Sack

11 minute read

September 19, 2018 | New York Law Journal

White-Collar Crime columnists Elkan Abramowitz and Jonathan S. Sack discuss a recent EDNY decision and then examine the views of other courts as to whether the SEC may use an obey‑the‑law injunction to sidestep the five-year limitations period in 28 U.S.C. §2462. Lastly, they consider the decision's practical implications—how the SEC will likely respond and what defense counsel should anticipate.

By Elkan Abramowitz and Jonathan S. Sack

12 minute read

July 02, 2018 | New York Law Journal

Section 10(b) of the Securities Exchange Act became law in 1934, and Rule 10b-5 was promulgated by the SEC in 1942, but it was not until the early 1960s, with Cady, Roberts & Co., 40 S.E.C. 907 (1961), that the modern law of insider trading began to develop.

By Elkan Abramowitz and Jonathan S. Sack

2 minute read

May 11, 2018 | New York Law Journal

White-Collar Crime columnists Elkan Abramowitz and Jonathan S. Sack discuss recent charges brought against an Equifax employee, which raise interesting questions as to when nonpublic information within a public company should be deemed material for purposes of insider trading enforcement.

By Elkan Abramowitz and Jonathan S. Sack

12 minute read