Robert J Anello

February 04, 2002 | New York Law Journal

T he sentencing Guidelines continue to dictate the course of most federal criminal cases. As in the past, the guidelines commission made changes in 2001 that will be significant in many white-collar cases. However, the transference of power to the prosecutors is largely unabated and undebated. The guidelines generation of prosecutors and judges is now well upon us and recollection of pre-guideline justice (and its attendant compassion) has all but disappeared.

By Robert G. Morvillo and Robert J. Anello

14 minute read

December 06, 2005 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason & Silberberg, write that the justice system provides a needed degree of objectivity by placing the charging decision in the hands of a dispassionate professional. Obstuction cases are the exception, but the professionalism of the Department of Justice has traditionally counterbalanced an individual prosecutor's potential for subjectivity. Whether such internal constraints exist in the civil arena is yet to be seen.

By Robert G. Morvillo and Robert J. Anello

15 minute read

December 07, 2010 | New York Law Journal

In their White-Collar Crime column, Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: On the issue of whether communications with in-house counsel are privileged, the European Union has spoken—and what it has pronounced is not good news for lawyers representing companies facing investigations that involve European authorities or for their clients.

By Robert G. Morvillo and Robert J. Anello

14 minute read

April 05, 2011 | New York Law Journal

In their White-Collar Crime column, Robert G. Morvillo and Robert J. Anello of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer write that since federal courts in the mid-1990s ruled that the five-year limitation set forth in 28 U.S.C. §2462 applies to penalty claims by the SEC, an unhappy SEC has attempted to find ways to expand that limitation. In several recent cases, it has argued the application of the "discovery rule" to delay the accrual of a claim until the violation at issue is discovered.

By Robert G. Morvillo and Robert J. Anello

13 minute read

June 01, 2010 | New York Law Journal

In their White-Collar Crime column, Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: More and more, sentencing courts are using their broad discretion to impose unusual restrictions on a defendant. Recent cases from the U.S. Court of Appeals for the Second Circuit demonstrate this in action and provide an opportunity to review the law surrounding supervised release.

By Robert G. Morvillo and Robert J. Anello

13 minute read

February 06, 2007 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners with Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer PC, write that although the Supreme Court has been reluctant to offer an exact definition of the term "testimonial," its decisions, in conjunction with those issued by lower courts, provide counsel and judges with a methodology to examine out-of-court statements and a criminal defendant's right to confront his accusers.

By Robert G. Morvillo and Robert J. Anello

15 minute read

December 07, 2004 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason & Silberberg, write that the existence of a compliance program never has provided, and does not today provide, a corporation with blanket protection from prosecution. A well-thought-out plan that leads to a true culture of compliance, however, can go a long way toward protecting an organization that comes under scrutiny.

By Robert G. Morvillo and Robert J. Anello

15 minute read

April 01, 2008 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that Eliot Spitzer's resignation demonstrates the effectiveness of the reporting and investigative structure that has developed by "following the money." The government was drawn to Mr. Spitzer's alleged wrongdoing not by virtue of his involvement in the prostitution ring, but by the financial transactions he conducted to pay for his dalliances.

By Robert G. Morvillo and Robert J. Anello

15 minute read

August 05, 2008 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that to increase the odds of preserving corporate clients' confidences and secrets, attorneys representing multinational clients or involved in multijurisdictional investigations need to be alert to some basic rules that courts are likely to employ in such situations when analyzing assertions of attorney-client privilege.

By Robert G. Morvillo and Robert J. Anello

17 minute read

August 01, 2006 | New York Law Journal

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, review recent efforts to regulate hedge funds, including a Court of Appeals decision that vacated the SEC's adoption of the Hedge Fund Rule and its alteration of the Safe Harbor Rule as applied to hedge funds, and testimony heard by the Senate Judiciary Committee last month.

By Robert G. Morvillo and Robert J. Anello

17 minute read