Elkan Abramowitz

January 03, 2018 | New York Law Journal

White-Collar Crime columnists Elkan Abramowitz and Jonathan Sack write: A program like the FCPA Corporate Enforcement Policy or a deal like the Aegerion Pharmaceuticals C Plea, while in many ways of great benefit, only decrease incentives to challenge the government. For the foreseeable future, the present system, concentrating great power with prosecutors, is here to stay.

By Elkan Abramowitz and Jonathan Sack

12 minute read

November 06, 2017 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the recent 'McDonnell' decision, particularly the effort of the Supreme Court to articulate limits on the reach of honest services fraud liability, and application of the decision in 2017 to several high-profile prosecutions of former high-ranking New York State politicians in the Second Circuit.

By Elkan Abramowitz and Jonathan Sack

26 minute read

September 01, 2017 | New York Law Journal

White-Collar Crime columnists Elkan Abramowitz and Jonathan Sack discuss SDNY Judge Loretta Preska's recent decision in 'United States v. Davis', in which she analyzed the Second Circuit's "right to control" decisions and concluded that a guilty verdict should be set aside. The authors then address practical steps defense counsel can take when facing a mail or wire fraud prosecution premised on this sometimes elusive doctrine.

By Elkan Abramowitz and Jonathan Sack

23 minute read

July 10, 2017 | New York Law Journal

White-Collar Crime columnists Elkan Abramowitz and Jonathan Sack discuss the Crime Victim Rights Act, writing: To be sure, advocacy by putative victims can exert influence on prosecutors and courts in a manner that complicates defense of a white-collar case. At the same time, the rights of putative victims may, on occasion, give rise to disclosures that assist the defense.

By Elkan Abramowitz and Jonathan Sack

11 minute read

May 08, 2017 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss recent Foreign Corrupt Practices Act enforcement activity involving private companies and their employees—notably, agreements between the DOJ and two private companies in the fall of 2016 in which prosecution was declined but disgorgement of ill-gotten profits required.

By Elkan Abramowitz and Jonathan Sack

22 minute read

March 06, 2017 | New York Law Journal

White-Collar Crime columnists Elkan Abramowitz and Jonathan Sack discuss DOJ policy on Foreign Corrupt Practices Act enforcement, notably the "Pilot Program" announced in April 2016, and then look at several aspects of recent FCPA resolutions, which give clues as to how enforcement may proceed in the new Trump administration.

By Elkan Abramowitz and Jonathan Sack

23 minute read

January 04, 2017 | New York Law Journal

White-Collar Crime columnists Elkan Abramowitz and Jonathan Sack discuss 'Salman v. United States', where the U.S. Supreme Court restated what most commentators saw as the pre-existing law of tipper/tippee liability. However, the court broke new ground in its discussion of the vagueness doctrine: the principle that criminal laws must provide clear notice of the conduct they prohibit.

By Elkan Abramowitz and Jonathan Sack

20 minute read

October 31, 2016 | New York Law Journal

White-Collar Crime columnists Elkan Abramowitz and Jonathan Sack examine the U.S. Supreme Court's decision into a thorny issue concerning "omissions" in the context of the civil False Claims Act, which prohibits false and fraudulent monetary claims for payment made to the federal government. In 'Universal Health Services v. United States', decided in June 2016, the Supreme Court extended the FCA to a new category of omissions by adopting the "implied certification theory"—roughly, that claims for payment from the government can, in certain circumstances, implicitly certify that the payee has satisfied the legal requirements for payment. They explain how the implied certification theory might also apply to mail and wire fraud cases.

By Elkan Abramowitz and Jonathan Sack

21 minute read

September 02, 2016 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the Sean Stewart case and suggest how the government was able to secure a conviction against the tipper, a son who tipped his father, even though the son received no meaningful financial benefit in return.

By Elkan Abramowitz and Jonathan Sack

19 minute read

July 07, 2016 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack write that prosecutors tend to extend the reach of white-collar criminal statutes until the judiciary, at some point, pushes back. The Supreme Court's vacating the conviction of former Virginia Governor Robert McDonnell is the most recent high-profile example, but the government's expansive interpretation of federal statutes was narrowed by judicial interpretation in the Second Circuit recently as well, in 'United States ex rel. Edward O'Donnell v. Countrywide'.

By Elkan Abramowitz and Jonathan Sack

26 minute read