December 11, 2019 | New York Law Journal
Supreme Court Asked To Assess Per Se Rule in Criminal AntitrustIn recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August asks the Supreme Court to address this tension, as embodied in the judge-made per se rule. White-Collar Crime columnists Robert J. Anello and Richard F. Albert discuss the issues and the case.
By Robert J. Anello and Richard F. Albert
13 minute read
October 09, 2019 | New York Law Journal
SEC's Reboot on Waiver Requests in Enforcement SettlementsIn their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss the change recently announced by SEC Chairman Jay Clayton regarding how the SEC will consider requests for waivers of certain serious collateral consequences that would otherwise result from settlement of an SEC enforcement action.
By Robert J. Anello and Richard F. Albert
8 minute read
August 14, 2019 | New York Law Journal
Epstein Saga Puts Spotlight on Crime Victim’s Rights ActIn their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss how the significance of the Crime Victims’ Rights Act has been highlighted in the wake of the Jeffrey Epstein case.
By Robert J. Anello and Richard F. Albert
12 minute read
June 11, 2019 | New York Law Journal
The International Encryption Debate: Privacy Versus Big BrotherIn their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: A natural tension results from private interests and the government's interest in access to encrypted communications used to further criminal and terroristic conduct. The balancing of these competing concerns is at the crux of most encryption-related debates.
By Robert J. Anello and Richard F. Albert
13 minute read
April 10, 2019 | New York Law Journal
Are DOJ's F/X Prosecutions Ahead of the Law on 'Trading Ahead'?In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss two recent prosecutions in the foreign exchange (F/X) market that raise questions about the use of general criminal statutes to regulate a trading practice that Congress, specialized regulators, and market rules have declined to prohibit.
By Robert J. Anello and Richard F. Albert
12 minute read
February 13, 2019 | New York Law Journal
White-Collar Enforcement After Two Years of TrumpIn their White-Collar Crime column, Robert Anello and Richard Albert discuss how the landscape of white-collar criminal enforcement has been altered under the President Trump's pro-business administration.
By Robert J. Anello and Richard F. Albert
10 minute read
December 03, 2018 | New York Law Journal
1MDB Scandal Tests Justice Department on FCPA and Corporate ProsecutionsWhite-Collar Crime columnists Robert J. Anello and Richard F. Albert write: The Justice Department's prosecution of the 1Malaysia Development Berhad case illustrates how despite early predictions otherwise, Trump administration enforcement of the Foreign Corrupt Practices Act is alive and well.
By Robert J. Anello and Richard F. Albert
12 minute read
October 10, 2018 | New York Law Journal
The Vanishing Federal Criminal TrialWhite-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Contrary to Hollywood's fictionalized vision of our criminal justice system, a recent report from the National Association for Criminal Defense Lawyers confirms what many have recognized: trials are an endangered species.
By Robert J. Anello and Richard F. Albert
12 minute read
August 14, 2018 | New York Law Journal
Life After 'Booker': Insights From Federal Sentencing DataIn their White-Collar Crime column, Robert J. Anello and Richard F. Albert look at sentencing statistics post-'Booker' and contemplate if now is the right time to reexamine the data.
By Robert J. Anello and Richard F. Albert
10 minute read
June 07, 2018 | New York Law Journal
Sessions' Justice Department's Pragmatic Approach to Corporate AccountabilityIn their White-Collar Crime column, Robert J. Anello and Richard F. Albert look at the “anti-piling on” policy announced by Deputy Attorney General Rod Rosenstein, which is intended to reduce duplicative punishments when a corporation is accountable to multiple regulatory bodies.
By Robert J. Anello and Richard F. Albert
1 minute read
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