Jonathan Sack

July 08, 2024 | New York Law Journal

This article describes different approaches taken to a "fraudulent inducement" theory of liability by contrasting the Third Circuit's decision in 'Kousisis' with the Second Circuit's different approach. It concludes with observations on the potential significance of a Supreme Court ruling that further limits the scope of mail/wire fraud.

By Elkan Abramowitz and Jonathan Sack

10 minute read

May 02, 2024 | New York Law Journal

Campaign contributions can reflect genuine support for a candidate's positions and appreciation for ordinary aid to constituents. They can also become a bribe—that is, part of an illegal quid pro quo for political favors. What should the test be for deciding when a campaign contribution turns into a bribe?

By Elkan Abramowitz and Jonathan Sack

11 minute read

February 29, 2024 | New York Law Journal

Section 666 of Title 18 has become one of the most important legal tools used in the federal prosecution of state and local corruption. It will soon be taken up by the Supreme Court. This article discusses another important federal anti-corruption statute, 18 U.S.C. §201. It then describes the competing interpretations of Section 666 and concludes with comments on the implications of a Supreme Court decision in 'United States v. Snyder'.

By Elkan Abramowitz and Jonathan Sack

10 minute read

January 11, 2024 | New York Law Journal

Bribes and kickbacks of public and private officials in the United States are still prosecuted under the mail/wire fraud statutes and the Hobbs Act, but departures from paradigmatic cases have become more vulnerable to challenge. The Second Circuit's recent affirmance in the case of a bank officer convicted of corruption is noteworthy when viewed against that backdrop.

By Elkan Abramowitz and Jonathan Sack

11 minute read

July 20, 2023 | New York Law Journal

In May 2023, the U.S. Court of Appeals for the First Circuit set aside the convictions of two individuals in the government's high-profile "Varsity Blues" prosecution of fraud and bribery in the college admissions process. In part one of this two-part series, we addressed the court's holding that the government charged an improper "hub and spoke" conspiracy, which resulted in an unfair trial due to the admission of irrelevant prejudicial evidence against defendants. In this article, we address the court's bribery and fraud rulings.

By Elkan Abramowitz and Jonathan Sack

10 minute read

May 02, 2023 | New York Law Journal

In this article, authors Elkan Abramowitz and Jonathan S. Sack analyze a recent DPA and related remarks by Criminal Division leadership, which shed light on how prosecutors will deal with companies with aggravating factors, such as prior misconduct.

By Elkan Abramowitz and Jonathan Sack

10 minute read

January 25, 2023 | New York Law Journal

We are sure to see public corruption cases brought in the future. We are also sure to see continued challenges for prosecutors and courts, and perhaps opportunities for defense counsel.

By Elkan Abramowitz and Jonathan Sack

10 minute read

November 01, 2022 | New York Law Journal

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack first analyze the majority and concurring opinions in 'Ruan'. Next, they draw a parallel with the law relating to a reliance on counsel defense. They conclude by suggesting how 'Ruan' might be applied in other contexts.

By Elkan Abramowitz and Jonathan Sack

10 minute read

September 09, 2022 | New York Law Journal

These decisions address the scope of conspiracy liability and interpretation of common law concepts in criminal statutes and raise important issues regarding the authority of district courts to decide threshold before trial.

By Elkan Abramowitz and Jonathan Sack

10 minute read

July 05, 2022 | New York Law Journal

The DOJ's certification requirement amounts to a hybrid of corporate and individual responsibility.

By Elkan Abramowitz and Jonathan Sack

10 minute read