Elkan Abramowitz

May 05, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack compare the mental state requirement in criminal and civil insider trading, a subject that was also addressed by Judge Rakoff in a speech last month. His suggestion that in the realm of insider trading, and other bodies of law governing economic activity, statutes should be written differently and, above all, more clearly, has considerable appeal.

By Elkan Abramowitz and Jonathan Sack

11 minute read

May 04, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack compare the mental state requirement in criminal and civil insider trading, a subject that was also addressed by Judge Rakoff in a speech last month. His suggestion that in the realm of insider trading, and other bodies of law governing economic activity, statutes should be written differently and, above all, more clearly, has considerable appeal.

By Elkan Abramowitz and Jonathan Sack

11 minute read

March 03, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack give their impressions of how the DOJ responded to the financial crisis, including some seeming innocuous choices that may have affected the nature and extent of its response; highlight key initiatives of the department beyond the financial crisis; and discuss what may be the priorities of the department going forward.

By Elkan Abramowitz and Jonathan Sack

12 minute read

March 02, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack give their impressions of how the DOJ responded to the financial crisis, including some seeming innocuous choices that may have affected the nature and extent of its response; highlight key initiatives of the department beyond the financial crisis; and discuss what may be the priorities of the department going forward.

By Elkan Abramowitz and Jonathan Sack

12 minute read

January 06, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack analyze the Second Circuit's recent reversal of the insider trading convictions of portfolio managers Todd Newman and Anthony Chiasson, focusing on how the court's discussion of "personal benefit" to the tipper may have the effect of limiting the scope of future tipper/tippee prosecutions generally, not just in the case of remote tippees, and a pointed criticism that may reflect a broader concern over the vagueness of white-collar criminal laws and prosecution theories.

By Elkan Abramowitz and Jonathan Sack

11 minute read

January 05, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack analyze the Second Circuit's recent reversal of the insider trading convictions of portfolio managers Todd Newman and Anthony Chiasson, focusing on how the court's discussion of "personal benefit" to the tipper may have the effect of limiting the scope of future tipper/tippee prosecutions generally, not just in the case of remote tippees, and a pointed criticism that may reflect a broader concern over the vagueness of white-collar criminal laws and prosecution theories.

By Elkan Abramowitz and Jonathan Sack

11 minute read

November 04, 2014 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss two trends that may make the already constrained position of companies even more difficult in terms of increased exposure to liability and reduced opportunities to mitigate the terms of settlement: expanded self-reporting obligations and increased interest by the DOJ in using the false statement statute against companies.

By Elkan Abramowitz and Jonathan Sack

11 minute read

September 02, 2014 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack write: In recent years white-collar criminal enforcement has been marked by a string of high-profile prosecutions of banks for violations of the Bank Secrecy Act. Notwithstanding a series of multi-billion dollar settlements, the government's enforcement efforts have met with criticism.

By Elkan Abramowitz and Jonathan Sack

11 minute read

September 02, 2014 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack write: In recent years white-collar criminal enforcement has been marked by a string of high-profile prosecutions of banks for violations of the Bank Secrecy Act. Notwithstanding a series of multi-billion dollar settlements, the government's enforcement efforts have met with criticism.

By Elkan Abramowitz and Jonathan Sack

11 minute read

July 01, 2014 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack write: The DOJ has recently taken a position on one element of a Section 1001 charge—the "willfulness" requirement—which has drawn renewed attention to the broad reach of the law. Only this time, the DOJ has surprised observers by announcing a position that, at first blush, makes it tougher for the government to prosecute.

By Elkan Abramowitz and Jonathan Sack

11 minute read