Jonathan Sack

March 02, 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

January 06, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack analyze the Second Circuit's recent reversal of the insider trading convictions of portfolio managers Todd Newman and Anthony Chiasson, focusing on how the court's discussion of "personal benefit" to the tipper may have the effect of limiting the scope of future tipper/tippee prosecutions generally, not just in the case of remote tippees, and a pointed criticism that may reflect a broader concern over the vagueness of white-collar criminal laws and prosecution theories.

By Elkan Abramowitz and Jonathan Sack

11 minute read

January 05, 2015 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack analyze the Second Circuit's recent reversal of the insider trading convictions of portfolio managers Todd Newman and Anthony Chiasson, focusing on how the court's discussion of "personal benefit" to the tipper may have the effect of limiting the scope of future tipper/tippee prosecutions generally, not just in the case of remote tippees, and a pointed criticism that may reflect a broader concern over the vagueness of white-collar criminal laws and prosecution theories.

By Elkan Abramowitz and Jonathan Sack

11 minute read

November 04, 2014 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss two trends that may make the already constrained position of companies even more difficult in terms of increased exposure to liability and reduced opportunities to mitigate the terms of settlement: expanded self-reporting obligations and increased interest by the DOJ in using the false statement statute against companies.

By Elkan Abramowitz and Jonathan Sack

11 minute read

September 02, 2014 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack write: In recent years white-collar criminal enforcement has been marked by a string of high-profile prosecutions of banks for violations of the Bank Secrecy Act. Notwithstanding a series of multi-billion dollar settlements, the government's enforcement efforts have met with criticism.

By Elkan Abramowitz and Jonathan Sack

11 minute read

September 02, 2014 | New York Law Journal

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack write: In recent years white-collar criminal enforcement has been marked by a string of high-profile prosecutions of banks for violations of the Bank Secrecy Act. Notwithstanding a series of multi-billion dollar settlements, the government's enforcement efforts have met with criticism.

By Elkan Abramowitz and Jonathan Sack

11 minute read

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