Robert J Anello

June 06, 2006 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason & Silberberg, write that while fiduciary duty and its breach underlie many if not most white-collar fraud prosecutions, neither the words fiduciary duty nor their definitions appear in the most commonly used federal fraud statutes.

By Robert G. Morvillo and Robert J. Anello

14 minute read

October 06, 2009 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: "The breadth and reach of federal criminal statutes, such as mail and wire fraud, conspiracy, money laundering and securities fraud pose a danger to defendants charged in civil cases with some form of misconduct. The danger is especially acute when a parallel criminal investigation is ongoing or the realistic threat of one exists. This is particularly true in SEC cases as virtually every intentional violation of the federal securities laws is actionable both civilly and criminally."

By Robert G. Morvillo And Robert J. Anello

14 minute read

June 03, 2003 | New York Law Journal

By Robert G. Morvillo And Robert J. Anello

13 minute read

October 07, 2008 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: Prosecutors sometimes appear to vie for placement in the Guinness Book of World Records for the longest sentence in a white-collar case. They are aided by the amorphous concept of loss calculation under a sentencing guidelines structure that equates jail time with often-inflated assessments of loss caused by the crime. However, some courts have begun to recognize the complexity of loss calculation analyses and have attempted to temper their consequences.

By Robert G. Morvillo and Robert J. Anello

14 minute read

April 07, 2009 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: The lack of second chances in the federal system is unnecessarily harmful to the individual and to society. Under the current approach, rehabilitated, productive people are needlessly sidelined and marginalized based on a single and sometimes youthful instance of poor judgment. Before its repeal 20 years ago the Federal Youthful Offender Status laws provided a possible second opportunity. Today, no amount of restitution, good living or penance permits a court to provide any relief.

By Robert G. Morvillo and Robert J. Anello

12 minute read

June 07, 2005 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason & Silberberg, write that the greatest imbalance between prosecution and defense in the criminal justice system is money. Prosecutors have no recognizable monetary boundaries on any given case and can rely on unlimited government resources as they see fit, while the overwhelming number of individuals have limited and considerably less funds with which to defend themselves.

By Robert G. Morvillo and Robert J. Anello

13 minute read

August 08, 2007 | Law.com

Today's business person often deals in matters of increasing intricacy. As a result, when legal questions are raised, these executives find themselves in need of the expertise and investigative analysis of complex, highly skilled -- and increasingly expensive -- legal representation. Moreover, as such cases demonstrate, the corporate employer's obligation to fund the defense is often not a matter of largesse. Rather, it is required as part of the cost of engaging in the lucrative modern business world.

By Robert G. Morvillo and Robert J. Anello

15 minute read

February 02, 2010 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that the repeated violations of the Brady rule by federal prosecutors, sometimes in high-visibility cases, resulting in indictment dismissals and conviction reversals, is both troubling and perplexing.

By Robert G. Morvillo And Robert J. Anello

15 minute read

December 08, 2008 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that the Supreme Court's decision to grant certiorari in United States v. Yeager, as well as a recent U.S. Court of Appeals for the Second Circuit opinion in the well-known Squawk Box case, highlights how the doctrine of collateral estoppel is used in criminal cases, as well as issues that emerge when a jury returns a split verdict of partial acquittals and partial hung counts.

By Robert G. Morvillo and Robert J. Anello

18 minute read

June 03, 2008 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that over time, federal prosecutors have made it more and more difficult for defendants providing information to the government by imposing through proffer agreements a series of stringent rules surrounding any direct tendering of information. This has led to many defense attorneys refusing to engage in client proffer sessions and instead utilizing the attorney's proffer. The recent Kerik indictment demonstrates that this method of communication also poses peril to the client, even in the absence of a proffer agreement.

By Robert G. Morvillo and Robert J. Anello

16 minute read