Robert J Anello

December 05, 2016 | New York Law Journal

In this White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss "taint teams" which the government often sets up when it seizes electronically stored documents by means of a search warrant. The taint team tries to segregate out materials protected by the attorney-client privilege to avoid later claims that it improperly accessed such documents. Over the years, a number of courts and practitioners have criticized this "fox guarding the chicken coop" procedure as inherently ill designed to protect the privilege. A recent case from the Eleventh Circuit illustrates just what these skeptical courts and counsel have been concerned about. In that case, privileged information was provided to the trial team without notice to the defendant in violation of the terms of a stipulation providing for a taint team.

By Robert J. Anello and Richard F. Albert

19 minute read

October 03, 2016 | New York Law Journal

White-Collar Crime columnists Robert J. Anello and Richard F. Albert discusses U.S. law enforcement's extraterritorial expansion under the Foreign Corrupt Practices Act, a niche notable for untested legal theories because of the dearth of cases that actually are litigated. Now, however, the Second Circuit has an opportunity to examine the validity of the government's approach in 'United States v. Hoskins', an FCPA case the U.S. Department of Justice currently is prosecuting in the District of Connecticut.

By Robert J. Anello and Richard F. Albert

14 minute read

August 02, 2016 | New York Law Journal

In their White Collar Crime column, Robert J. Anello and Richard F. Albert write that just as the so-called Bridgegate scandal had a significant impact on a number of prominent careers, and perhaps even on our national politics, the appeal of a media demand for the disclosure of the names of unindicted co-conspirators will also likely have a broad impact, influencing courts' future deference to the reputational interests of individuals implicated but not charged in prominent investigations.

By Robert J. Anello and Richard F. Albert

15 minute read

June 07, 2016 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: The Supreme Court's 2015 Term promises significant developments for the white-collar bar. The court already has issued three decisions that are noteworthy for white-collar practitioners, with the most significant likely yet to come.

By Robert J. Anello and Richard F. Albert

25 minute read

April 05, 2016 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Because the federal sentencing guidelines applicable to fraud cases are widely acknowledged as broken and dysfunctional, particularly in cases where the loss amount is high, sentencing judges may increasingly seek other sources to help guide their discretion. Since its 2014 issuance, perhaps the most thoughtful alternative framework has been that offered by the ABA's Criminal Justice Section Task Force on the Reform of Federal Sentencing for Economic Crimes.

By Robert J. Anello and Richard F. Albert

24 minute read

February 02, 2016 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: The inherent tension between the regulation of political corruption and the right to spend money to influence politicians and election outcomes has played out repeatedly in Supreme Court jurisprudence over the past 40 years. In granting certiorari in the case of former Virginia Governor Robert McDonnell, the Supreme Court has again ventured into the quagmire of defining what constitutes an illegal quid pro quo arrangement.

By Robert J. Anello and Richard F. Albert

13 minute read

December 01, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Even without its catchy name, the relatively new crime of "spoofing" would seem to appeal to prosecutors seeking to tap into the populist desire for prison time for perceived financial chicanery and the view that high-speed trading has rigged the markets against regular participants. Not surprisingly, therefore, the conviction last month in 'United States v. Coscia', the first criminal trial on spoofing charges, has generated a good deal of attention.

By Robert J. Anello and Richard F. Albert

11 minute read

November 30, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Even without its catchy name, the relatively new crime of "spoofing" would seem to appeal to prosecutors seeking to tap into the populist desire for prison time for perceived financial chicanery and the view that high-speed trading has rigged the markets against regular participants. Not surprisingly, therefore, the conviction last month in 'United States v. Coscia', the first criminal trial on spoofing charges, has generated a good deal of attention.

By Robert J. Anello and Richard F. Albert

11 minute read

October 06, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Move over Holder, Thompson, McNulty, and Filip and make room for Yates. Taking its place in the parade of guidelines issued by top DOJ leadership on the topic of prosecuting business organizations comes "Individual Accountability for Corporate Wrongdoing," setting forth six steps to be taken in the investigation of corporate misconduct in order to "fully leverage [the department's] resources to identify culpable individuals...in corporate cases."

By Robert J. Anello and Richard F. Albert

12 minute read

October 05, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Move over Holder, Thompson, McNulty, and Filip and make room for Yates. Taking its place in the parade of guidelines issued by top DOJ leadership on the topic of prosecuting business organizations comes "Individual Accountability for Corporate Wrongdoing," setting forth six steps to be taken in the investigation of corporate misconduct in order to "fully leverage [the department's] resources to identify culpable individuals...in corporate cases."

By Robert J. Anello and Richard F. Albert

12 minute read