Jonathan Sack

January 04, 2016 | New York Law Journal

In 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

November 03, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack describe how 'United States v. Newman' has affected the personal benefit standard in insider trading cases and review how courts have reacted to the controversial holding, possible challenges to criminal liability on the basis of principles of lenity and separation of powers, and recent thoughtful proposals for legislative reform by two judges in the Southern District.

By Elkan Abramowitz and Jonathan Sack

12 minute read

November 02, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack describe how 'United States v. Newman' has affected the personal benefit standard in insider trading cases and review how courts have reacted to the controversial holding, possible challenges to criminal liability on the basis of principles of lenity and separation of powers, and recent thoughtful proposals for legislative reform by two judges in the Southern District.

By Elkan Abramowitz and Jonathan Sack

12 minute read

September 01, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack write: While off-label prescribing is lawful and sometimes ethically necessary for treatment, the FDA and DOJ have treated off-label marketing of drugs by pharmaceutical companies as a serious offense, a theory of criminal liability that bears similarity to other doctrines of white-collar crime used for highly assertive prosecutions until a court steps in to articulate clearly how the government may have overstepped legal bounds.

By Elkan Abramowitz and Jonathan Sack

11 minute read

August 31, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack write: While off-label prescribing is lawful and sometimes ethically necessary for treatment, the FDA and DOJ have treated off-label marketing of drugs by pharmaceutical companies as a serious offense, a theory of criminal liability that bears similarity to other doctrines of white-collar crime used for highly assertive prosecutions until a court steps in to articulate clearly how the government may have overstepped legal bounds.

By Elkan Abramowitz and Jonathan Sack

11 minute read

July 09, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss a California federal judge's dismissal of charges related to the operation of a U.N. agency based in Canada, and a Southern District magistrate judge's refusal to dismiss charges against a defendant accused of manipulating LIBOR for loans denominated in Japanese Yen while he was working abroad for a global financial institution. These cases suggest the broad, but not unlimited, reach of federal criminal prosecution.

By Elkan Abramowitz and Jonathan Sack

11 minute read

July 08, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss a California federal judge's dismissal of charges related to the operation of a U.N. agency based in Canada, and a Southern District magistrate judge's refusal to dismiss charges against a defendant accused of manipulating LIBOR for loans denominated in Japanese Yen while he was working abroad for a global financial institution. These cases suggest the broad, but not unlimited, reach of federal criminal prosecution.

By Elkan Abramowitz and Jonathan Sack

11 minute read

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