July 10, 2017 | New York Law Journal
Victims' Rights and White-Collar DefenseWhite-Collar Crime columnists Elkan Abramowitz and Jonathan Sack discuss the Crime Victim Rights Act, writing: To be sure, advocacy by putative victims can exert influence on prosecutors and courts in a manner that complicates defense of a white-collar case. At the same time, the rights of putative victims may, on occasion, give rise to disclosures that assist the defense.
By Elkan Abramowitz and Jonathan Sack
11 minute read
May 08, 2017 | New York Law Journal
How the FCPA Applies to Private CompaniesIn their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss recent Foreign Corrupt Practices Act enforcement activity involving private companies and their employees—notably, agreements between the DOJ and two private companies in the fall of 2016 in which prosecution was declined but disgorgement of ill-gotten profits required.
By Elkan Abramowitz and Jonathan Sack
22 minute read
March 06, 2017 | New York Law Journal
FCPA Enforcement Trends: Will They Continue?White-Collar Crime columnists Elkan Abramowitz and Jonathan Sack discuss DOJ policy on Foreign Corrupt Practices Act enforcement, notably the "Pilot Program" announced in April 2016, and then look at several aspects of recent FCPA resolutions, which give clues as to how enforcement may proceed in the new Trump administration.
By Elkan Abramowitz and Jonathan Sack
23 minute read
January 04, 2017 | New York Law Journal
'Salman': Addressing Vagueness in Insider Trading LawWhite-Collar Crime columnists Elkan Abramowitz and Jonathan Sack discuss 'Salman v. United States', where the U.S. Supreme Court restated what most commentators saw as the pre-existing law of tipper/tippee liability. However, the court broke new ground in its discussion of the vagueness doctrine: the principle that criminal laws must provide clear notice of the conduct they prohibit.
By Elkan Abramowitz and Jonathan Sack
20 minute read
October 31, 2016 | New York Law Journal
False Claims and Mail and Wire Fraud: Implications of 'Universal Health'White-Collar Crime columnists Elkan Abramowitz and Jonathan Sack examine the U.S. Supreme Court's decision into a thorny issue concerning "omissions" in the context of the civil False Claims Act, which prohibits false and fraudulent monetary claims for payment made to the federal government. In 'Universal Health Services v. United States', decided in June 2016, the Supreme Court extended the FCA to a new category of omissions by adopting the "implied certification theory"—roughly, that claims for payment from the government can, in certain circumstances, implicitly certify that the payee has satisfied the legal requirements for payment. They explain how the implied certification theory might also apply to mail and wire fraud cases.
By Elkan Abramowitz and Jonathan Sack
21 minute read
September 02, 2016 | New York Law Journal
Insider Trading Among Family Members and the Limits of 'Newman'In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the Sean Stewart case and suggest how the government was able to secure a conviction against the tipper, a son who tipped his father, even though the son received no meaningful financial benefit in return.
By Elkan Abramowitz and Jonathan Sack
19 minute read
July 07, 2016 | New York Law Journal
Implications of 'Countrywide' for Mail and Wire Fraud ProsecutionsIn 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
When Do Business Negotiations Cross the Line and Become Fraud?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
Justice Scalia's Approach to Textualism in White-Collar LawIn 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
Deferred Prosecution Agreements in Decline? Enforcement ImplicationsIn 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
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