Richard F Albert

June 07, 2016 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: The Supreme Court's 2015 Term promises significant developments for the white-collar bar. The court already has issued three decisions that are noteworthy for white-collar practitioners, with the most significant likely yet to come.

By Robert J. Anello and Richard F. Albert

25 minute read

April 05, 2016 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Because the federal sentencing guidelines applicable to fraud cases are widely acknowledged as broken and dysfunctional, particularly in cases where the loss amount is high, sentencing judges may increasingly seek other sources to help guide their discretion. Since its 2014 issuance, perhaps the most thoughtful alternative framework has been that offered by the ABA's Criminal Justice Section Task Force on the Reform of Federal Sentencing for Economic Crimes.

By Robert J. Anello and Richard F. Albert

24 minute read

February 02, 2016 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: The inherent tension between the regulation of political corruption and the right to spend money to influence politicians and election outcomes has played out repeatedly in Supreme Court jurisprudence over the past 40 years. In granting certiorari in the case of former Virginia Governor Robert McDonnell, the Supreme Court has again ventured into the quagmire of defining what constitutes an illegal quid pro quo arrangement.

By Robert J. Anello and Richard F. Albert

13 minute read

December 01, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Even without its catchy name, the relatively new crime of "spoofing" would seem to appeal to prosecutors seeking to tap into the populist desire for prison time for perceived financial chicanery and the view that high-speed trading has rigged the markets against regular participants. Not surprisingly, therefore, the conviction last month in 'United States v. Coscia', the first criminal trial on spoofing charges, has generated a good deal of attention.

By Robert J. Anello and Richard F. Albert

11 minute read

November 30, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Even without its catchy name, the relatively new crime of "spoofing" would seem to appeal to prosecutors seeking to tap into the populist desire for prison time for perceived financial chicanery and the view that high-speed trading has rigged the markets against regular participants. Not surprisingly, therefore, the conviction last month in 'United States v. Coscia', the first criminal trial on spoofing charges, has generated a good deal of attention.

By Robert J. Anello and Richard F. Albert

11 minute read

October 06, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Move over Holder, Thompson, McNulty, and Filip and make room for Yates. Taking its place in the parade of guidelines issued by top DOJ leadership on the topic of prosecuting business organizations comes "Individual Accountability for Corporate Wrongdoing," setting forth six steps to be taken in the investigation of corporate misconduct in order to "fully leverage [the department's] resources to identify culpable individuals...in corporate cases."

By Robert J. Anello and Richard F. Albert

12 minute read

October 05, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Move over Holder, Thompson, McNulty, and Filip and make room for Yates. Taking its place in the parade of guidelines issued by top DOJ leadership on the topic of prosecuting business organizations comes "Individual Accountability for Corporate Wrongdoing," setting forth six steps to be taken in the investigation of corporate misconduct in order to "fully leverage [the department's] resources to identify culpable individuals...in corporate cases."

By Robert J. Anello and Richard F. Albert

12 minute read

August 04, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: For white-collar criminal practitioners, the Barry Bonds case presents another example of how the breadth of the federal obstruction laws makes them a nearly irresistible choice for prosecutors, and of the seemingly endless struggle of the courts to define appropriate limits on their reach.

By Robert J. Anello and Richard F. Albert

11 minute read

August 03, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: For white-collar criminal practitioners, the Barry Bonds case presents another example of how the breadth of the federal obstruction laws makes them a nearly irresistible choice for prosecutors, and of the seemingly endless struggle of the courts to define appropriate limits on their reach.

By Robert J. Anello and Richard F. Albert

11 minute read

June 02, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Insofar as corporate entities cannot be jailed, "bad boy" provisions imposed after a felony conviction normally impose collateral consequences that have a significant impact on large corporations. The recent plea deals in the Forex investigations demonstrate the lengths the government will go to avoid a repeat of the 2002 Arthur Andersen debacle, and highlight just why criminal law concepts designed to punish human beings are ill-suited to corporate beings.

By Robert J. Anello and Richard F. Albert

12 minute read