Robert J Anello

August 04, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: For white-collar criminal practitioners, the Barry Bonds case presents another example of how the breadth of the federal obstruction laws makes them a nearly irresistible choice for prosecutors, and of the seemingly endless struggle of the courts to define appropriate limits on their reach.

By Robert J. Anello and Richard F. Albert

11 minute read

August 03, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: For white-collar criminal practitioners, the Barry Bonds case presents another example of how the breadth of the federal obstruction laws makes them a nearly irresistible choice for prosecutors, and of the seemingly endless struggle of the courts to define appropriate limits on their reach.

By Robert J. Anello and Richard F. Albert

11 minute read

June 02, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Insofar as corporate entities cannot be jailed, "bad boy" provisions imposed after a felony conviction normally impose collateral consequences that have a significant impact on large corporations. The recent plea deals in the Forex investigations demonstrate the lengths the government will go to avoid a repeat of the 2002 Arthur Andersen debacle, and highlight just why criminal law concepts designed to punish human beings are ill-suited to corporate beings.

By Robert J. Anello and Richard F. Albert

12 minute read

June 01, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: Insofar as corporate entities cannot be jailed, "bad boy" provisions imposed after a felony conviction normally impose collateral consequences that have a significant impact on large corporations. The recent plea deals in the Forex investigations demonstrate the lengths the government will go to avoid a repeat of the 2002 Arthur Andersen debacle, and highlight just why criminal law concepts designed to punish human beings are ill-suited to corporate beings.

By Robert J. Anello and Richard F. Albert

12 minute read

April 07, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write that defendants' efforts to enlist the federal courts to resist SEC administrative proceedings have had difficulty overcoming procedural hurdles requiring them to exhaust avenues of review within the agency before any federal court review. A new line of counterattack seeks to avoid those procedural hurdles with a facial challenge to the constitutionality of the SEC's administrative mechanism.

By Robert J. Anello and Richard F. Albert

12 minute read

April 06, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write that defendants' efforts to enlist the federal courts to resist SEC administrative proceedings have had difficulty overcoming procedural hurdles requiring them to exhaust avenues of review within the agency before any federal court review. A new line of counterattack seeks to avoid those procedural hurdles with a facial challenge to the constitutionality of the SEC's administrative mechanism.

By Robert J. Anello and Richard F. Albert

12 minute read

February 03, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: The U.S. Sentencing Commission has responded to complaints about the Sentencing Guidelines' application by proposing a series of amendments to the guidelines governing economic crimes. Although they appear to be a step in the right direction, the revisions proposed by the commission do not go far enough to reform the white-collar sentencing scheme.

By Robert J. Anello and Richard F. Albert

12 minute read

February 02, 2015 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: The U.S. Sentencing Commission has responded to complaints about the Sentencing Guidelines' application by proposing a series of amendments to the guidelines governing economic crimes. Although they appear to be a step in the right direction, the revisions proposed by the commission do not go far enough to reform the white-collar sentencing scheme.

By Robert J. Anello and Richard F. Albert

12 minute read

December 03, 2014 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss 'Yates v. United States', the peculiar case of a fisherman prosecuted for obstruction of justice under Section 1519 of the Sarbanes-Oxley Act for throwing undersized fish back into the sea, and the questions it raised in the Supreme Court about prosecutorial discretion in making charging decisions, often against the backdrop of broad and uncertain criminal statutes.

By Robert J. Anello and Richard F. Albert

12 minute read

October 07, 2014 | New York Law Journal

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert write: The last arrow in the SEC's quiver to avoid a strict five-year limitation has been its argument that when it seeks so-called "equitable" remedies, like injunctions and disgorgement, the limitations period contained in Section 2462 is inapplicable. This final effort to avoid statutory time constraints may be doomed, however.

By Robert J. Anello and Richard F. Albert

10 minute read