Elkan Abramowitz

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

May 06, 2014 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack write that when public companies and prominent individuals find themselves under investigation, they often face widespread condemnation. Some try to change the story by having an investigative report prepared and released, but such publication carries with it legal risks.

By Elkan Abramowitz and Jonathan Sack

13 minute read

March 05, 2014 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack, members of Morvillo Abramowitz Grand Iason & Anello, discuss one of the principal battlegrounds where the line is drawn between ordinary politics and illegal graft: honest services law, particularly as it has been applied in the indictment of former Virginia Governor Robert McDonnell and his wife.

By Elkan Abramowitz and Jonathan Sack

13 minute read

January 08, 2014 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack, members of Morvillo Abramowitz Grand Iason & Anello, write: As a practical matter, the decision about self-reporting commonly boils down to whether the client is obligated to report the misconduct; the likelihood of exposure; and the possible benefit of self-reporting or risk of additional sanction from failing to self-report. Because those assessments are often made with little hard information, the judgments and analysis are sometimes very difficult.

By Elkan Abramowitz and Jonathan Sack

13 minute read

November 05, 2013 | New York Law Journal

In their White-Collar Crime column, Morvillo Abramowitz Grand Iason & Anello's Elkan Abramowitz and Jonathan Sack discuss judicial pushback against the notion that guilty pleas or settlements with the government are equivalent to strictly private bargains and wonder whether the series of decisions reflecting this trend suggests a more fundamental questioning of present-day white-collar enforcement of corporate misconduct.

By Elkan Abramowitz and Jonathan Sack

11 minute read

January 06, 2012 | New York Law Journal

In their White-Collar Crime feature, Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that the decision to release to the public Richard M. Nixon's grand jury testimony related to the Watergate scandal revisits long-standing questions regarding the extent of a trial judge's discretion to release grand jury transcripts.

By Elkan Abramowitz and Barry A. Bohrer

14 minute read

March 06, 2012 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that a recent case from the Eleventh Circuit demonstrates that, along with Fouth Amendment concerns, other constitutional protections also may be implicated in the government's seizure of and attempts to search digital evidence.

By Elkan Abramowitz and Barry A. Bohrer

12 minute read

July 03, 2012 | New York Law Journal

In their White Collar Crime column, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer members Elkan Abramowitz and Barry A. Bohrer write: Highly-publicized reports of the government failing to meet its disclosure obligations have led to numerous congressional hearings, a court-ordered investigation, and extensive internal review by the DOJ. Nevertheless, many believe that the true solution to repeated missteps by prosecutors is legislative. The Senate Judiciary Committee is currently considering one such proposed solution.

By Elkan Abramowitz and Barry A. Bohrer

13 minute read

November 06, 2012 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that in the past decade, the total number of corporate DPAs and NPAs entered into by the Justice Department has risen sharply, totaling more than 150 since 2007, and, in the first part of this year alone, the Justice Department has entered into more than 20 such agreements.

By Elkan Abramowitz and Barry A. Bohrer

9 minute read

September 04, 2012 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that although enacted to address computer hacking, the CFAA has been used to prosecute a wide variety of behavior. The courts have had a lot to say about the perceived breadth of activities prohibited by the CFAA, and recent congressional action indicates a belief that the reach of the statute is overbroad. The Justice Department does not agree.

By Elkan Abramowitz and Barry A. Bohrer

11 minute read