<![CDATA[Morvillo Abramowitz Grand Iason & Anello PC]]> http://www.maglaw.com/misc/feed.xml en-us <![CDATA[Association of Corporate Counsel's Full - Day CLE: A Legal Toolkit for In-House Counsel]]> http://www.maglaw.com/events/speaking-engagements/00089 http://www.maglaw.com/events/speaking-engagements/00089 On Wednesday, July 23, 2014, Morvillo Abramowitz partner Jonathan S. Sack will participate in a full-day CLE program hosted by the Greater New York Chapter of the Association of Corporate Counsel. Mr. Sack's panel, "Resolving Government Investigations: Trends in Judicial Review of Deferred Prosecution Agreements, Plea Agreements and SEC Consent Judgments," will address the new challenges faced by companies seeking to resolve investigations. He will be joined by Nancy Kestenbaum, Partner, Covington & Burling LLP, and Thomas M. Merritt, Deputy General Counsel, KCG Holdings, Inc. For more information, please click here.

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<![CDATA[Big Brother Vs. Underfunded Enforcement]]> http://www.maglaw.com/publications/blog-posts/big-brother-vs-underfunded-enforcement http://www.maglaw.com/publications/blog-posts/big-brother-vs-underfunded-enforcement On July 5, 2014, in an opinion piece entitled “The Real Internal Revenue Scandal,” the editorial board of The New York Times noted that “every dollar spent on internal revenue service enforcement yields $6 in additional revenue.”

I suspect that the SEC would make the same claim, that for every dollar spent on staff attorneys in the Division of Enforcement, the SEC recovers a multiple of that number. [...]

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<![CDATA[Stephen M. Juris Quoted in <em>Global Investigations Review</em>]]> http://www.maglaw.com/news/media-mentions/00594 http://www.maglaw.com/news/media-mentions/00594 On July 18, 2014, Morvillo Abramowitz partner Stephen M. Juris was quoted in Global Investigations Review regarding the Second Circuit’s affirmance of the dismissal of Mexican state-owned oil company Pemex’s RICO claims against Siemens AG and SK Engineering & Construction Co.

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<![CDATA[Medicaid Claims And Health Care Fraud: As The Data Flows, New Cracks Emerge]]> http://www.maglaw.com/publications/blog-posts/medicaid-claims-and-health-care-fraud-as-the-data-flows-new-cracks-emerge http://www.maglaw.com/publications/blog-posts/medicaid-claims-and-health-care-fraud-as-the-data-flows-new-cracks-emerge As we noted in two of our prior posts in the Insider blog, the government has long touted its ability to rely upon data mining as a means of detecting fraud in the federal health care system, and has initiated a host of investigations and prosecutions based on its analysis of claims data from the Medicare and Medicaid programs.  Yet any approach that relies on data mining rests on a fragile foundation, because the quality of the information upon which the government relies has often been in doubt.  As we explained in the first of our two prior posts on this topic, an HHS Regional Inspector General testified in June 2012 that much of the data used to identify overpayments and fraud is not “current, available, complete, [or] accurate.”  Subsequently, in a post from November 2012, we described the concerns that two United States Senators raised regarding the effectiveness of the “Fraud Prevention System Program” (“FPS”), which is intended to use “predictive analysis” to reduce fraud, waste, and abuse in the Medicare program. [...]

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<![CDATA[Elkan Abramowitz Quoted in <em>Law360</em>]]> http://www.maglaw.com/news/media-mentions/00596 http://www.maglaw.com/news/media-mentions/00596 On July 14, 2014, Morvillo Abramowitz partner Elkan Abramowitz was quoted in a Law360 article, “Dewey Execs Likely Bound for Trial Despite Ace Legal Teams.” Confident in the legal position that was taken, Mr. Abramowitz stated, “We are hopeful that the judge will treat our arguments with the same seriousness with which we made them. We believe the indictment should be dismissed.” Morvillo Abramowitz partner Lawrence Bader, who is also representing Steven Davis, was mentioned in the article as well.

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<![CDATA[SEC Enforcement Data Analyses: Volume 2, Issue 1]]> http://www.maglaw.com/publications/articles/00373 http://www.maglaw.com/publications/articles/00373 The third publication of Morvillo Abramowitz's SEC Enforcement Data Analyses examines the work of the Securities & Exchange Commission's Division of Enforcement, beginning with cases filed on or after January 1, 2013. This publication focuses primarily on cases filed between January 1, 2014 and March 31, 2014 and provides a useful tool to discern important enforcement trends and precedents. 

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<![CDATA[The Second Circuit And The Separation Of Powers: Limiting Judicial Scrutiny Of SEC Settlements]]> http://www.maglaw.com/publications/blog-posts/the-second-circuit-and-the-separation-of-powers-limiting-judicial-scrutiny-of-sec-settlements http://www.maglaw.com/publications/blog-posts/the-second-circuit-and-the-separation-of-powers-limiting-judicial-scrutiny-of-sec-settlements On June 4, 2014, a three-judge panel of the Second Circuit Court of Appeals vacated a widely publicized 2011 decision by U.S. District Judge Jed Rakoff, which rejected a settlement between the U.S. Securities and Exchange Commission (“SEC”) and Citigroup Global Markets, Inc. (“Citigroup”).  The settlement resolved allegations that Citigroup had misled investors in connection with the structuring and marketing of a fund holding assets that were linked to subprime securities.  The settlement called for a civil penalty of $285 million but did not include admissions of fact or liability by Citigroup. [...]

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<![CDATA[False Statement Prosecutions: Major Change at Justice Department?]]> http://www.maglaw.com/publications/articles/00371 http://www.maglaw.com/publications/articles/00371 Under Section 1001 of Title 18, a wide array of false statements is subject to criminal prosecution, raising concern over the power the law gives to prosecutors. To the surprise of many, the Justice Department has recently taken a position on one element of a Section 1001 offense—“willfulness”—which at first blush would seem to make prosecutions under the law more difficult for the government. This article considers the Department’s position and its practical implications for white-collar defense lawyers and their clients. 

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<![CDATA[<em>The Legal 500 United States </em> Recommends Morvillo Abramowitz in Securities: Shareholder Litigation and White-Collar Criminal Defense]]> http://www.maglaw.com/news/recognitions/00635 http://www.maglaw.com/news/recognitions/00635 The Legal 500 United States 2014 has recommended Morvillo Abramowitz Grand Iason & Anello PC in both Securities: Shareholder Litigation and White-Collar Criminal Defense. Indeed, more than half of the firm’s partners have been recommended, including Elkan Abramowitz, Richard F. Albert, Robert J. Anello, Lawrence Iason, Judith L. Mogul, Jonathan S. Sack, Edward M. Spiro, and Richard D. Weinberg within Securities: Shareholder Litigation; and Elkan Abramowitz, Jonathan S. Sack, and Jeremy H. Temkin within White-Collar Criminal Defense. In addition, Elkan Abramowitz has been recognized as a “leading trial lawyer” in this year’s edition for his outstanding skills in the courtroom.

Praising the firm’s white-collar practice, sources note the “integrity and rectitude” with which the “sophisticated” team handles matters. Sources also remark that the firm “brings a lot of experience and expertise to the table” in securities litigation matters.

Since 2006, The Legal 500 United States has been analyzing the capabilities of law firms nationwide, honoring US firms that couple a national presence with the capability to handle sophisticated and complex work. Each year, the publication highlights those legal teams who consistently uphold quality over quantity.

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<![CDATA[If You See Something, Say Something, But Maybe Only To The SEC]]> http://www.maglaw.com/publications/blog-posts/if-you-see-something-say-something-but-maybe-only-to-the-sec http://www.maglaw.com/publications/blog-posts/if-you-see-something-say-something-but-maybe-only-to-the-sec A debate has been raging in the courts over whether an employee who reports suspected misconduct only to his employer but not to the U.S. Securities and Exchange Commission (“SEC”) is a “whistleblower” entitled to the protection of the Anti-Retaliation Provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”). Last summer, in Asadi v. G.E. Energy (USA), L.L.C., the Fifth Circuit Court of Appeals – the only federal appellate court to address this issue –ruled that an employee who reported a potential Foreign Corrupt Practices Act (“FCPA”) violation to his employer was not a “whistleblower” because he did not “provide information relating to a violation of the securities laws to the SEC,” contradicting five federal district courts which had found internal reporting to be adequate. (I analyzed the Asadi opinion and its likely effect on internal reporting in “When Is A ‘Whistleblower’ Not Really A ’Whistleblower’?”). A few district courts have since adopted the Fifth Circuit’s interpretation, but most have concluded that, consistent with the SEC’s own rules, internal reporting is sufficient to implicate Dodd-Frank’s protections. [...]

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