Elkan Abramowitz

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

May 05, 2016 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack write: The federal mail and wire fraud statutes are among the most powerful prosecutors' tools because they are drafted in broad language designed to reach ever-changing methods of fraud. The outer boundary of those statutes has recently been tested in the context of arm's length business negotiations.

By Elkan Abramowitz and Jonathan Sack

12 minute read

March 01, 2016 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack reflect on Justice Antonin Scalia's influence on the interpretation of white-collar statutes—in particular, two obstruction of justice provisions that exemplify the open-textured language that often defines white-collar crimes and highlight the significant impact of Justice Scalia's textualism.

By Elkan Abramowitz and Jonathan Sack

11 minute read

January 05, 2016 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack address two recent developments that reflect a significant shift in attitude toward the role of deferred prosecution agreements. First, courts have subjected DPAs to increased scrutiny, in some cases casting doubt on the prosecutorial judgment that led the government to enter into the DPA. Second, in September 2015, the DOJ adopted new measures "to strengthen [its] pursuit of individual corporate wrongdoing."

By Elkan Abramowitz and Jonathan Sack

12 minute read

January 04, 2016 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack address two recent developments that reflect a significant shift in attitude toward the role of deferred prosecution agreements. First, courts have subjected DPAs to increased scrutiny, in some cases casting doubt on the prosecutorial judgment that led the government to enter into the DPA. Second, in September 2015, the DOJ adopted new measures "to strengthen [its] pursuit of individual corporate wrongdoing."

By Elkan Abramowitz and Jonathan Sack

12 minute read

November 03, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack describe how 'United States v. Newman' has affected the personal benefit standard in insider trading cases and review how courts have reacted to the controversial holding, possible challenges to criminal liability on the basis of principles of lenity and separation of powers, and recent thoughtful proposals for legislative reform by two judges in the Southern District.

By Elkan Abramowitz and Jonathan Sack

12 minute read

November 02, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack describe how 'United States v. Newman' has affected the personal benefit standard in insider trading cases and review how courts have reacted to the controversial holding, possible challenges to criminal liability on the basis of principles of lenity and separation of powers, and recent thoughtful proposals for legislative reform by two judges in the Southern District.

By Elkan Abramowitz and Jonathan Sack

12 minute read

September 01, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack write: While off-label prescribing is lawful and sometimes ethically necessary for treatment, the FDA and DOJ have treated off-label marketing of drugs by pharmaceutical companies as a serious offense, a theory of criminal liability that bears similarity to other doctrines of white-collar crime used for highly assertive prosecutions until a court steps in to articulate clearly how the government may have overstepped legal bounds.

By Elkan Abramowitz and Jonathan Sack

11 minute read

August 31, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack write: While off-label prescribing is lawful and sometimes ethically necessary for treatment, the FDA and DOJ have treated off-label marketing of drugs by pharmaceutical companies as a serious offense, a theory of criminal liability that bears similarity to other doctrines of white-collar crime used for highly assertive prosecutions until a court steps in to articulate clearly how the government may have overstepped legal bounds.

By Elkan Abramowitz and Jonathan Sack

11 minute read

July 09, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss a California federal judge's dismissal of charges related to the operation of a U.N. agency based in Canada, and a Southern District magistrate judge's refusal to dismiss charges against a defendant accused of manipulating LIBOR for loans denominated in Japanese Yen while he was working abroad for a global financial institution. These cases suggest the broad, but not unlimited, reach of federal criminal prosecution.

By Elkan Abramowitz and Jonathan Sack

11 minute read