Harry Sandick

May 13, 2024 | Law.com

The guidance mirrors the recent, broader impulse among U.S. prosecutors and regulatory agencies to extend application of U.S. law to foreign persons and entities, even when those persons and entities have only threadbare connections to the U.S.

By Harry Sandick and Sarah Hardtke

11 minute read

November 27, 2023 | Law.com

Search warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace.

By Harry Sandick, Bonnie Robinson and Thomas Kicak

17 minute read

May 30, 2023 | Law.com

It has been common knowledge to criminal practitioners for years that a criminal defendant's sentence for a crime of which they have been convicted can be increased based on consideration of conduct that the jury acquitted. This outcome can make a partial acquittal in federal court into a pyrrhic victory.

By Harry Sandick and Nicole Scully

13 minute read

February 15, 2023 | Law.com

The Second Circuit's long-anticipated decision in United States v. Blaszczak limits the government's ability to bring fraud or insider trading prosecutions where the information used to achieve an advantage is regulatory information held by the government. It also brings the Second Circuit in greater alignment with the Supreme Court's wire fraud jurisprudence.

By Harry Sandick, Anna Blum and Abigail Marion

12 minute read

December 07, 2020 | New York Law Journal

With its opinion in 'Portillo', the Second Circuit points out a real problem in sentencings of young people for serious crimes.

By Harry Sandick and Emma Ellman-Golan

8 minute read

December 04, 2020 | New York Law Journal

Equal justice under law is the highest value of our legal system, and no one should receive preferential treatment because they are friends with the president.

By Harry Sandick and Jacob Tuttle Newman

9 minute read

December 06, 2019 | New York Law Journal

In light of these recent developments, it is important for defense attorneys, in-house counsel, and compliance counsel whose clients are engaged in international business activities to be familiar with FARA.

By Harry Sandick and Clint Morrison

10 minute read

December 07, 2018 | New York Law Journal

As DOJ persists in its international focus in prosecuting white-collar crime and the courts restrict the global reach of various statutes while expanding the scope of constitutional protections for defendants, DOJ and the courts do appear to be on a collision course.

By Harry Sandick and Jeff Kinkle

9 minute read

July 07, 2017 | New York Law Journal

Harry Sandick and George LoBiondo write that in June, the Supreme Court granted certiorari in a case that will test whether the justices are again willing to break new ground in the cell phone privacy context. The court will decide whether the government needs a search warrant to obtain historical records of a suspect's cell phone location, or whether it may do so under the Stored Communication Act, which requires the government to show only that there are reasonable grounds to believe that the records are "relevant and material to an ongoing criminal investigation."

By Harry Sandick and George LoBiondo

9 minute read

November 29, 2016 | New York Law Journal

Harry Sandick and Helen P. O'Reilly of Patterson Belknap Webb & Tyler examine the decision in 'U.S. v. Rosemond', in which the Second Circuit clarified how and when certain defense tactics at trial can open the door to the introduction of protected proffer statements. Although securing a cooperation agreement after proffering to the government can lead to enormous benefits for those who successfully navigate the process, the negative consequences of a failed proffer are profound. The agreements typically involve a partial waiver of the protections that evidence of any "statement made during the course of plea discussions with an attorney for the prosecuting authority" is inadmissible against the defendant.

By Harry Sandick and Helen P. O'Reilly

20 minute read