Richard F Albert

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

August 07, 2012 | New York Law Journal

In their White-Collar Crime column, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer partners Robert J. Anello and Richard F. Albert write: For the government, issuing a detailed, apparently persuasive speaking indictment at the outset of the case may have significant public relations and tactical benefits. But such indictments also provide an unwarranted benefit to the government when the jury is provided with a copy during deliberations, thereby receiving only one side's version of the contested facts in written form.

By Robert J. Anello and Richard F. Albert

12 minute read

June 04, 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: As a new bipartisan taskforce of the House Judiciary Committee convenes to consider the issue of overcriminalization - the term typically used in reference to the expansion of federal criminal law - cries for reform are rising in volume as political groups on the left and right recognize a common interest in examining the problem and looking for solutions.

By Robert J. Anello and Richard F. Albert

12 minute read