Richard F Albert

April 02, 2018 | New York Law Journal

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Good faith reliance on counsel can be a powerful weapon in defense counsel's arsenal; but to bring it to bear, counsel may need to overcome procedural challenges borne of skepticism and an unduly narrow view of the doctrine.

By Robert J. Anello and Richard F. Albert

11 minute read

February 07, 2018 | New York Law Journal

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: White-collar criminal enforcement will continue to evolve in the year ahead, but some predictions can be made based on year one of the Trump administration. Federal law enforcement officials have enunciated a clear focus on non-white-collar crimes and, with numerous vacancies in the Justice Department, this shifting focus is likely to result in a decrease in white-collar investigations and prosecutions.

By Robert J. Anello and Richard F. Albert

10 minute read

December 05, 2017 | Connecticut Law Tribune

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Mostly lost among the headlines regarding the first charges to be brought by Robert Mueller and the Special Counsel's Office investigating Russian interference in the 2016 U.S. election was the simultaneous release of a court opinion compelling one of Manafort's own lawyers to testify in the grand jury. A review of the decision and the indictment indicates that the lawyer is likely to be a key witness against Manafort and Gates at trial.

By Robert J. Anello and Richard F. Albert

26 minute read

December 04, 2017 | New York Law Journal

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Mostly lost among the headlines regarding the first charges to be brought by Robert Mueller and the Special Counsel's Office investigating Russian interference in the 2016 U.S. election was the simultaneous release of a court opinion compelling one of Manafort's own lawyers to testify in the grand jury. A review of the decision and the indictment indicates that the lawyer is likely to be a key witness against Manafort and Gates at trial.

By Robert J. Anello and Richard F. Albert

12 minute read

October 02, 2017 | New York Law Journal

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: The lifelong collateral consequences of a criminal conviction, imposed by state and federal statutes and regulations, can make it nearly impossible for many to obtain gainful employment, support their families or otherwise live productive lives. Unfortunately, under today's federal legal framework, expungement is virtually impossible. Although a near-term legislative fix may be a long shot, recent bipartisan legislation proposed in both houses of Congress shows that the issue at least is on federal lawmakers' radar screen.

By Robert J. Anello and Richard F. Albert

11 minute read

July 31, 2017 | New York Law Journal

White-Collar Crime columnists Robert J. Anello and Richard F. Albert look at a recent high-profile Fourth Amendment victory for the defense in 'U.S. v. Wey' in light of the Second Circuit's final opinion in 'U.S. v. Ganias,' as well as a recent decision in 'In re 650 Fifth Avenue and Related Properties,' which declined suppression despite agents' reliance on a search warrant having constitutional infirmities strikingly similar to those in 'Wey.'

By Robert J. Anello and Richard F. Albert

12 minute read

June 05, 2017 | New York Law Journal

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Recent investigative actions, including a highly-unusual raid on the Munich office of Jones Day by German authorities, as well some notable European court rulings suggest an erosion of protections for attorney communications and work product in the corporate context. As a result, corporations operating globally face significant uncertainty regarding their ability to maintain confidentiality, especially in the context of internal investigations.

By Robert J. Anello and Richard F. Albert

46 minute read

February 06, 2017 | New York Law Journal

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write that given the SEC's increasing reliance on civil disgorgement actions to secure financial recoveries and the expansive breadth of rulings delineating what a defendant can be required to disgorge, the Supreme Court's upcoming decision in 'Kokesh v. SEC' on whether disgorgement is a punitive remedy and covered by the five-year limitations period or an equitable remedy and beyond the statute will have a significant impact on the the agency's enforcement practice and defendants' financial exposure in such cases.

By Robert J. Anello and Richard F. Albert

18 minute read

December 05, 2016 | New York Law Journal

In this White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss "taint teams" which the government often sets up when it seizes electronically stored documents by means of a search warrant. The taint team tries to segregate out materials protected by the attorney-client privilege to avoid later claims that it improperly accessed such documents. Over the years, a number of courts and practitioners have criticized this "fox guarding the chicken coop" procedure as inherently ill designed to protect the privilege. A recent case from the Eleventh Circuit illustrates just what these skeptical courts and counsel have been concerned about. In that case, privileged information was provided to the trial team without notice to the defendant in violation of the terms of a stipulation providing for a taint team.

By Robert J. Anello and Richard F. Albert

19 minute read

October 03, 2016 | New York Law Journal

White-Collar Crime columnists Robert J. Anello and Richard F. Albert discusses U.S. law enforcement's extraterritorial expansion under the Foreign Corrupt Practices Act, a niche notable for untested legal theories because of the dearth of cases that actually are litigated. Now, however, the Second Circuit has an opportunity to examine the validity of the government's approach in 'United States v. Hoskins', an FCPA case the U.S. Department of Justice currently is prosecuting in the District of Connecticut.

By Robert J. Anello and Richard F. Albert

14 minute read