Richard F Albert

June 01, 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

April 07, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write that defendants' efforts to enlist the federal courts to resist SEC administrative proceedings have had difficulty overcoming procedural hurdles requiring them to exhaust avenues of review within the agency before any federal court review. A new line of counterattack seeks to avoid those procedural hurdles with a facial challenge to the constitutionality of the SEC's administrative mechanism.

By Robert J. Anello and Richard F. Albert

12 minute read

April 06, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write that defendants' efforts to enlist the federal courts to resist SEC administrative proceedings have had difficulty overcoming procedural hurdles requiring them to exhaust avenues of review within the agency before any federal court review. A new line of counterattack seeks to avoid those procedural hurdles with a facial challenge to the constitutionality of the SEC's administrative mechanism.

By Robert J. Anello and Richard F. Albert

12 minute read

February 03, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: The U.S. Sentencing Commission has responded to complaints about the Sentencing Guidelines' application by proposing a series of amendments to the guidelines governing economic crimes. Although they appear to be a step in the right direction, the revisions proposed by the commission do not go far enough to reform the white-collar sentencing scheme.

By Robert J. Anello and Richard F. Albert

12 minute read

February 02, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: The U.S. Sentencing Commission has responded to complaints about the Sentencing Guidelines' application by proposing a series of amendments to the guidelines governing economic crimes. Although they appear to be a step in the right direction, the revisions proposed by the commission do not go far enough to reform the white-collar sentencing scheme.

By Robert J. Anello and Richard F. Albert

12 minute read

December 03, 2014 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss 'Yates v. United States', the peculiar case of a fisherman prosecuted for obstruction of justice under Section 1519 of the Sarbanes-Oxley Act for throwing undersized fish back into the sea, and the questions it raised in the Supreme Court about prosecutorial discretion in making charging decisions, often against the backdrop of broad and uncertain criminal statutes.

By Robert J. Anello and Richard F. Albert

12 minute read

October 07, 2014 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: The last arrow in the SEC's quiver to avoid a strict five-year limitation has been its argument that when it seeks so-called "equitable" remedies, like injunctions and disgorgement, the limitations period contained in Section 2462 is inapplicable. This final effort to avoid statutory time constraints may be doomed, however.

By Robert J. Anello and Richard F. Albert

10 minute read

August 05, 2014 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert review recent decisions that provide reason for hope that, in the digital age, the courts may breathe a bit more life back into the Fourth Amendment after years of cutting back on its protections.

By Robert J. Anello and Richard F. Albert

12 minute read

June 03, 2014 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss whether in an insider trading case the government must prove that the inside information at issue was a substantial factor in the defendant's trading activities, an issue that is the the first question raised in Raj Rajaratnam's petition seeking review of his conviction by the U.S. Supreme Court.

By Robert J. Anello and Richard F. Albert

11 minute read

April 01, 2014 | New York Law Journal

In their White-Collar Crime column, Morvillo Abramowitz Grand Iason & Anello partners Robert J. Anello and Richard F. Albert write: It has become de rigueur for the government to request, and for trial courts to deliver, a conscious avoidance jury instruction in virtually all criminal prosecutions where the element of knowledge is contested. Where no evidence of manifest conduct by the defendant to avoid knowledge is introduced, however, such instruction serves no useful purpose except to threaten to cause confusion and to lessen the government's burden to demonstrate the culpable mental state required by statute.

By Robert J. Anello and Richard F. Albert

12 minute read