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Richard F. Albert

Richard F. Albert

February 11, 2020 | New York Law Journal

Attorney Proffers: Practical Considerations and Some Law Too

White-Collar Crime columnists Robert J. Anello and Richard F. Albert discuss attorney proffers, which can provide a critical opportunity to gauge a prosecutor's reaction while limiting the risk of compromising the client's potential defense at trial.

By Robert J. Anello and Richard F. Albert

13 minute read

December 11, 2019 | New York Law Journal

Supreme Court Asked To Assess Per Se Rule in Criminal Antitrust

In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August asks the Supreme Court to address this tension, as embodied in the judge-made per se rule. White-Collar Crime columnists Robert J. Anello and Richard F. Albert discuss the issues and the case.

By Robert J. Anello and Richard F. Albert

13 minute read

October 09, 2019 | New York Law Journal

SEC's Reboot on Waiver Requests in Enforcement Settlements

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss the change recently announced by SEC Chairman Jay Clayton regarding how the SEC will consider requests for waivers of certain serious collateral consequences that would otherwise result from settlement of an SEC enforcement action.

By Robert J. Anello and Richard F. Albert

8 minute read

August 14, 2019 | New York Law Journal

Epstein Saga Puts Spotlight on Crime Victim’s Rights Act

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss how the significance of the Crime Victims’ Rights Act has been highlighted in the wake of the Jeffrey Epstein case.

By Robert J. Anello and Richard F. Albert

12 minute read

June 11, 2019 | New York Law Journal

The International Encryption Debate: Privacy Versus Big Brother

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: A natural tension results from private interests and the government's interest in access to encrypted communications used to further criminal and terroristic conduct. The balancing of these competing concerns is at the crux of most encryption-related debates.

By Robert J. Anello and Richard F. Albert

13 minute read

April 10, 2019 | New York Law Journal

Are DOJ's F/X Prosecutions Ahead of the Law on 'Trading Ahead'?

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss two recent prosecutions in the foreign exchange (F/X) market that raise questions about the use of general criminal statutes to regulate a trading practice that Congress, specialized regulators, and market rules have declined to prohibit.

By Robert J. Anello and Richard F. Albert

12 minute read

February 13, 2019 | New York Law Journal

White-Collar Enforcement After Two Years of Trump

In their White-Collar Crime column, Robert Anello and Richard Albert discuss how the landscape of white-collar criminal enforcement has been altered under the President Trump's pro-business administration.

By Robert J. Anello and Richard F. Albert

10 minute read

December 03, 2018 | New York Law Journal

1MDB Scandal Tests Justice Department on FCPA and Corporate Prosecutions

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: The Justice Department's prosecution of the 1Malaysia Development Berhad case illustrates how despite early predictions otherwise, Trump administration enforcement of the Foreign Corrupt Practices Act is alive and well.

By Robert J. Anello and Richard F. Albert

12 minute read

October 10, 2018 | New York Law Journal

The Vanishing Federal Criminal Trial

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Contrary to Hollywood's fictionalized vision of our criminal justice system, a recent report from the National Association for Criminal Defense Lawyers confirms what many have recognized: trials are an endangered species.

By Robert J. Anello and Richard F. Albert

12 minute read

August 14, 2018 | New York Law Journal

Life After 'Booker': Insights From Federal Sentencing Data

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert look at sentencing statistics post-'Booker' and contemplate if now is the right time to reexamine the data.

By Robert J. Anello and Richard F. Albert

10 minute read