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American Conference Institute’s 20th Forum on D&O Liability - 07.26.2016

On Thursday, July 26, 2016, Morvillo Abramowitz partner Jonathan Sack will serve as a moderator at the American Conference Institute’s 20th Forum on D&O Liability. The conference will address a practical and detailed analysis of the D&O and Management Liability landscape, including the impact of litigation, regulatory action, and market conditions in today’s tumultuous environment. Mr. Sack's panel will be entitled "View from Speakers at DOJ and SEC: Cooperation Agreements Tools, Shifts in Corporate Civil and Criminal White Collar Investigations, Prosecuting Corporate Misconduct and Holding Individuals Accountable, and the Impact of It All on D&O." The event will be held on July 26-27 at The Carlton Hotel in Manhattan. For more information, please visit http://www.americanconference.com/DandO.

Morvillo Abramowitz Partners Robert J. Anello and Judith L. Mogul and Associate Peter Janowski Successfully Represent Former CEO of Absolute Capital Management - 07.18.2016

NEW YORK, July 18, 2016 — All charges in a criminal complaint pending against the former Chief Executive Officer of Absolute Capital Management (“ACM”), a $3.25 billion investment management company based in Majorca, were dismissed with prejudice in the Central District of California pursuant to a Deferred Prosecution Agreement negotiated on Mr. Ewing’s behalf by partners Robert J. Anello and Judith L. Mogul, with the U.S. Attorney’s Office in that district. The result is a victory for Mr. Ewing, who, for the past three years, has been the subject of an investigation by the government into the fraudulent market manipulation committed by Florian Homm, the former Chief Investment Officer of ACM. Simultaneously, a resolution was reached resulting in the dismissal of all charges in a civil case pending against Mr. Ewing in the Southern District of New York and putative forfeiture proceedings in the Central District of California. Mr. Ewing was advised by partners Robert J. Anello, Judith L. Mogul, and associate Peter Janowski.

SCOTUS Quid Pro Quo Analysis in McDonnell May Broadly Affect Bribery and Insider Trading Prosecutions - 07.14.2016

Last month’s decision from the Supreme Court in McDonnell v. United States takes federal prosecutors to task for applying federal criminal corruption laws in too broad a manner. The Court’s decision makes clear that distasteful or offensive conduct does not necessarily rise to the level of criminality. The Court’s insistence on a “specific and focused” benefit suggests that the government may have to rethink prosecutions ranging from all forms of bribery as well as insider trading. [...]

Morvillo Abramowitz Partners Robert J. Anello and Brian A. Jacobs and Associate Devin M. Cain Successfully Represent Foreign National in DOJ Indictment - 07.14.2016

NEW YORK, July 14, 2016 – Partners Robert J. Anello and Brian A. Jacobs, and associate Devin M. Cain represented Su Bin, a foreign national, in connection with his indictment by the DOJ relating to allegations of theft of military contractor trade secrets. As a result of the firm’s representation, the team was able to broker a plea deal while the client was being held in Canada awaiting extradition. The client, who was indicted on six counts where one of the substantive charges carried a 20-year maximum and another carried a 10-year maximum, pleaded guilty only to a one-count conspiracy information which capped the prison exposure at five years. The client was sentenced to a term about 20% less than what the government asked for and probation had recommended, after the court agreed to a variance based on arguments concerning the client’s extraordinary acceptance of responsibility and generosity throughout his life.

Morvillo Abramowitz Partner Jeremy Temkin Featured as a Legal Analyst on Fox Sports Radio - 07.13.2016

On Wednesday, July 13, 2016, Morvillo Abramowitz partner Jeremy Temkin appeared on Fox Sports Radio to discuss the Second Circuit’s denial of Tom Brady’s petition for rehearing in the “Deflategate” case. In his most recent interview, Jeremy discusses Brady’s next steps, the likelihood that the Supreme Court will actually review the case, and the broader legal significance of the case.

Recent Trials Highlight DOJ's Challenges in Prosecuting Individuals for Corporate Misconduct - 07.12.2016

Since the 2008 financial crisis, the Department of Justice has faced criticism for not aggressively prosecuting individuals and companies for alleged wrongdoing. The Department has acknowledged and addressed this criticism in speeches and policy statements, notably the September 2015 Yates Memorandum, which declared a heightened commitment to prosecuting individuals for white-collar crimes and, as I have written elsewhere, a heightened expectation of corporate cooperation in the investigation of employee conduct. [...]

Elkan Abramowitz Named to New York Law Journal’s “Lawyers Who Lead by Example” - 07.07.2016

NEW YORK, July 7, 2016 – Morvillo Abramowitz partner Elkan Abramowitz was named to the New York Law Journal’s “Lawyers Who Lead by Example” list in the category of Lifetime Achievement. The honorees will be featured in a special section and honored at a dinner on September 20, 2016.

To view the full list, please click here.

Implications of 'Countrywide' for Mail and Wire Fraud Prosecutions - 07.07.2016

Prosecutors tend to interpret white-collar criminal statutes expansively, and sometimes courts push back. In this article, we discuss the Second Circuit’s decision reversing the $1.2 billion judgment against Bank of America’s Countrywide mortgage unit, and explain how a relatively obscure principle of statutory interpretation, the “common law canon,” led to the Second Circuit’s unexpected decision.

Elkan Abramowitz Named to New York Law Journal’s “Lawyers Who Lead by Example” - 07.07.2016

On Thursday, July 7, 2016, partner Elkan Abramowitz was named to the New York Law Journal’s “Lawyers Who Lead by Example” list in the category of Lifetime Achievement. The honorees will be featured in a special section and honored at a dinner on September 20, 2016.

To view the full list, please click here.

Morvillo Abramowitz Partner Jeremy Temkin Quoted in Bloomberg - 07.01.2016

On July 1, 2016, Morvillo Abramowitz partner Jeremy Temkin was quoted in a Bloomberg article entitled, “America's Offshore Tax Cheats Are Feeling the Heat Once Again.” The article discusses potential sanctions faced by the 30,000 taxpayers who took advantage of the IRS’s Streamlined Procedures. While the Streamlined Procedures allow previously non-compliant taxpayers to pay reduced penalties by certifying that they were unaware of their obligation to disclose offshore bank accounts, the Justice Department and the Internal Revenue Service are analyzing the Streamlined filings in light of data obtained through the Swiss Bank Program with an eye towards prosecuting taxpayers whose certifications were untruthful. According to Jeremy, “it's been clear to tax advisers for the last year that the Justice Department might prosecute people who lied in their declarations” and that taxpayers seeking to utilize the Streamlined Procedures should “present both the positive and negative facts and let the IRS decide” whether their conduct was non-willful.

NYU School of Professional Studies Tax Controversy Forum - 06.24.2016

On Friday, June 24, 2016, Morvillo Abramowitz partner Jeremy Temkin will moderate a panel entitled, "Use and Abuse of the Fifth Amendment" at NYU’s Annual School of Professional Studies Tax Controversy Forum. The panel of criminal tax experts will explain how the Fifth Amendment applies to tax. The event will be held at The Crowne Plaza Times Square in Manhattan. For more information, please click here.

Requirements for Invoking the Common Interest Doctrine - 06.21.2016

Attorneys and their clients often rely on the “common interest” doctrine to shield from disclosure communications among allied parties and their counsel. Although invocation of the common interest doctrine is seldom challenged through litigation in the Southern District of New York, its contours are not as well-defined as many lawyers assume. This article discusses the requirements for the invocation of the common interest doctrine, highlights two recent decisions, and touches on the aspects of the doctrine that remain to be defined.

The Legal 500 United States 2016 Recommends Morvillo Abramowitz in White-Collar Criminal Defense and Securities Litigation - 06.15.2016

NEW YORK, June 16, 2016 – The Legal 500 United States 2016 has recommended Morvillo Abramowitz Grand Iason & Anello PC in both White-Collar Criminal Defense and Securities Litigation. Indeed, more than half of the firm’s partners have been recommended, including Elkan Abramowitz, Richard F.  Albert, Robert J. Anello, Lawrence S. Bader, Lawrence Iason, Jonathan S. Sack, Jeremy H. Temkin, and Richard D. Weinberg within White-Collar Criminal Defense; and Elkan Abramowitz, Robert J. Anello, Lawrence Iason, Brian A. Jacobs, and Edward M. Spiro within Securities Litigation. 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 capabilities, sources note that, “the lawyers are tremendous and superb at understanding intricate problems and protecting clients’ interests.” Other clients rave that, “the firm has a very talented, experienced and tough team … who are at the top of their game.”

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.

The Legal 500 United States 2016 Recommends Morvillo Abramowitz in White-Collar Criminal Defense and Securities Litigation - 06.15.2016

The Legal 500 United States 2016 has recommended Morvillo Abramowitz Grand Iason & Anello PC in both White-Collar Criminal Defense and Securities Litigation. Indeed, more than half of the firm’s partners have been recommended, including Elkan Abramowitz, Richard F.  Albert, Robert J. Anello, Lawrence S. Bader, Lawrence Iason, Jonathan S. Sack, Jeremy H. Temkin, and Richard D. Weinberg within White-Collar Criminal Defense; and Elkan Abramowitz, Robert J. Anello, Lawrence Iason, Brian A. Jacobs, and Edward M. Spiro within Securities Litigation. 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 capabilities, sources note that, “the lawyers are tremendous and superb at understanding intricate problems and protecting clients’ interests.” Other clients rave that, “the firm has a very talented, experienced and tough team … who are at the top of their game.”

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.

White-Collar Practitioner’s Guide to the Supreme Court’s Term - 06.09.2016

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. In this article, we discuss the Supreme Court's recent white-collar decisions as well as cases to be decided in the upcoming year, and consider the impact of Justice Antonin Scalia’s absence.