December 04, 2012 | New York Law Journal
Rajaratnam, 'Necessity' and the Path for Future WiretapsRobert J. Anello and Richard F. Albert, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: Although the "pioneering nature" of the use of wiretaps in the insider trading case of 'United States v. Rajaratnam' has received a great deal of media attention, the statutory prerequisites to wiretapping have received little prior close legal scrutiny in white-collar cases. Of particular note is the "necessity" requirement, which is intended to limit the use of wiretaps by requiring the government to demonstrate that no reasonable alternative investigative techniques will suffice.
By Robert J. Anello and Richard F. Albert
13 minute read
October 09, 2003 | Law.com
Joint Defense Agreements, Insider Trading Misappropriation TheoryOne of the regrettable byproducts of the federal sentencing guidelines (U.S. Sentencing Commission Guidelines) has been that the development of substantive federal criminal law, in large part, has been arrested. There have been recent non-guideline opinions: the first two involving the increasingly important area of joint defense agreements and the other helping to define the parameters of the court-created insider trading misappropriation theory.
By Robert G. Morvillo And Robert J. Anello
12 minute read
February 05, 2013 | New York Law Journal
The Boundaries of a Seemingly Limitless Mail Fraud StatuteIn their White-Collar Crime column, Robert J. Anello and Richard F. Albert, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that a recent Ninth Circuit decision highlights that despite its traditionally broad application, the mail fraud statute is not limitless.
By Robert J. Anello and Richard F. Albert
12 minute read
April 03, 2012 | New York Law Journal
New Federal Sentencing Data: Comparing Chalk and CheeseIn their White-Collar Crime column, Robert J. Anello and Richard F. Albert, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that media accounts have seized upon the recent TRAC report's claims of a wide disparity in federal sentencing data on a judge-specific basis, but experienced participants in the criminal justice system have been quick to point out the report's manifest analytical flaws.
By Robert J. Anello and Richard F. Albert
12 minute read
February 07, 2012 | New York Law Journal
Jurors Behaving Badly: How Courts RespondIn his White-Collar Crime column, Robert J. Anello, a partner at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, writes that the Second Circuit's recent decision in 'United States v. Collins' has helped define the role of the district court in addressing juror conduct.
By Robert J. Anello
15 minute read
August 07, 2012 | New York Law Journal
Keeping the Indictment Out of the Jury RoomIn their White-Collar Crime column, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer partners Robert J. Anello and Richard F. Albert write: For the government, issuing a detailed, apparently persuasive speaking indictment at the outset of the case may have significant public relations and tactical benefits. But such indictments also provide an unwarranted benefit to the government when the jury is provided with a copy during deliberations, thereby receiving only one side's version of the contested facts in written form.
By Robert J. Anello and Richard F. Albert
12 minute read
July 30, 2013 | New York Law Journal
Sequestering Justice Is UnjustRobert Anello, a partner at Morvillo, Abramowitz, Grand, Iason & Anello and president of the Federal Bar Council, writes: The shadow the sequester has already cast on the nation's federal courts and the criminal and civil justice systems are of grave concern to those familiar with the important function courts play in administering this nation's laws. As the sequester persists, the pernicious effects will only worsen.
By Robert J. Anello
4 minute read
June 04, 2013 | New York Law Journal
Overcriminalization of Non-Violent Conduct: Time for Real ReformIn their White-Collar Crime column, Robert J. Anello and Richard F. Albert, partners at Morvillo, Abramowitz, Grand, Iason & Anello, write: As a new bipartisan taskforce of the House Judiciary Committee convenes to consider the issue of overcriminalization - the term typically used in reference to the expansion of federal criminal law - cries for reform are rising in volume as political groups on the left and right recognize a common interest in examining the problem and looking for solutions.
By Robert J. Anello and Richard F. Albert
12 minute read
August 06, 2013 | New York Law Journal
Cooperation Gone Awry: Considerations in Business CasesIn their White-Collar Crime column, Robert J. Anello and Richard F. Albert, partners at Morvillo Abramowitz Grand Iason & Anello, write: Some recent complex white-collar cases that have fallen apart after cooperators pleaded guilty suggest that the cooperation system needs reexamination, and that at a minimum, courts should consider adjustments to the typical jury instructions regarding cooperator testimony.
By Robert J. Anello and Richard F. Albert
13 minute read
October 02, 2012 | New York Law Journal
Justice Department Flexes Muscle in Anti-Money Laundering by BanksIn their White-Collar Crime column, Robert J. Anello and Richard F. Albert, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that money laundering prosecutions and investigations recently undertaken by federal prosecutors look quite different than the traditional add-on to drug prosecutions, not arising out of substantive criminal violations, but instead focusing on what the government believes are improper banking procedures or weaknesses in the institution's compliance procedures.
By Robert J. Anello and Richard F. Albert
14 minute read
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