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Robert J Anello

Robert J Anello

December 04, 2012 | New York Law Journal

Rajaratnam, 'Necessity' and the Path for Future Wiretaps

Robert 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 Theory

One 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 Statute

In 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 Cheese

In 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 Respond

In 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 Room

In 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 Unjust

Robert 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 Reform

In 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 Cases

In 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 Banks

In 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