Richard F. Albert

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

February 04, 2014 | New York Law Journal

In their White-Collar Crime column, Morvillo Abramowitz partners Robert J. Anello and Richard F. Albert write: Whether a criminal defendant should testify on his own behalf will always be a fraught decision for the defense. But Mathew Martoma's case illustrates how the government can try to launch an attack on a defendant's character regardless of whether he ever takes the stand.

By Robert J. Anello and Richard F. Albert

13 minute read

December 03, 2013 | New York Law Journal

In their White-Collar Crime column, Morvillo Abramowitz Grand Iason & Anello partners Robert J. Anello and Richard F. Albert write that it is not surprising that defining insider trading law's precise boundaries has been the subject of a fair amount of controversy over the years. One such controversy is teed up for resolution by the Second Circuit: whether to be found guilty of insider trading a "tippee" must know that the insider who disclosed the information received a personal benefit for doing so.

By Robert J. Anello and Richard F. Albert

12 minute read

June 05, 2012 | New York Law Journal

In their White-Collar Crime, Robert J. Anello and Richard F. Albert, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that recent high-profile prosecutions of serial fraudsters like Bernard Madoff have fanned the flames of a debate regarding whether economic danger can be the basis for imposing detention to protect the financial safety of the community.

By Robert J. Anello and Richard F. Albert

13 minute read

October 01, 2013 | New York Law Journal

In their White-Collar Crime column, Morvillo Abramowitz Grand Iason & Anello partners Robert J. Anello and Richard F. Albert write that the relationship between increasingly high white-collar sentences and the U.S. Sentencing Guidelines' focus on "loss" as the key factor in calculating an appropriate sentence is at the center of recent calls for reform. While Congress ponders the issue, courts, including recently the Second Circuit, are beginning to act.

By Robert J. Anello and Richard F. Albert

14 minute read

April 02, 2013 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert, partners at Morvillo Abramowitz Grand Iason & Anello, write: The practical utility of Rule 17(c) subpoenas compelling the production of documents from third parties by criminal defendants has been limited by courts that have tended to hold them to a demanding standard that arose in the context of subpoenas addressed not to third parties, but to the government. In recent years, however, courts have begun to depart from the rote application of the so-called 'Nixon' standard.

By Robert J. Anello and Richard F. Albert

12 minute read

December 04, 2012 | New York Law Journal

Robert J. Anello and Richard F. Albert, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: Although the "pioneering nature" of the use of wiretaps in the insider trading case of 'United States v. Rajaratnam' has received a great deal of media attention, the statutory prerequisites to wiretapping have received little prior close legal scrutiny in white-collar cases. Of particular note is the "necessity" requirement, which is intended to limit the use of wiretaps by requiring the government to demonstrate that no reasonable alternative investigative techniques will suffice.

By Robert J. Anello and Richard F. Albert

13 minute read

February 05, 2013 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that a recent Ninth Circuit decision highlights that despite its traditionally broad application, the mail fraud statute is not limitless.

By Robert J. Anello and Richard F. Albert

12 minute read

April 03, 2012 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that media accounts have seized upon the recent TRAC report's claims of a wide disparity in federal sentencing data on a judge-specific basis, but experienced participants in the criminal justice system have been quick to point out the report's manifest analytical flaws.

By Robert J. Anello and Richard F. Albert

12 minute read