RSS Feed

Current Feed: http://feeds.feedburner.com/MorvilloAbramowitzGrandIasonAnelloPc

Top SDNY Securities Fraud Prosecutor Joining Morvillo Abramowitz Grand Iason & Anello - 10.22.2018

NEW YORK, October 22, 2018 – Morvillo Abramowitz Grand Iason & Anello PC, announces today that Telemachus P. Kasulis, former Co-Chief of the Securities and Commodities Fraud Task Force at the United States Attorney’s Office for the Southern District of New York, will join the firm as a partner, effective January 1, 2019. Tim will focus his practice on representing individuals and organizations in high-stakes criminal, civil, and regulatory matters, and on internal corporate investigations. During his eleven years at the U.S. Attorney’s Office, Tim investigated and prosecuted cases involving insider trading, accounting fraud, market manipulation, investment adviser and broker-dealer fraud, Ponzi schemes, mail and wire fraud, money laundering, racketeering, murder, and obstruction of justice.

“We are delighted to welcome Tim,” said Elkan Abramowitz. “He is an exceptional attorney with wide-ranging trial experience and a well-deserved reputation for excellence.” Robert J. Anello said, “Tim’s high-level government background will enhance our already deep bench and add to our commitment to provide our clients with the finest lawyers in the country.”

As a supervisor of the Task Force, Tim oversaw a team of approximately 20 senior prosecutors and all aspects of their work from investigation through trial. Notable matters Tim supervised included: the insider trading trial of a professional gambler who received tips from the chairman of a Fortune 500 company; the trial of two pharmaceutical company executives for honest services fraud; the trial of two hedge fund portfolio managers and a political intelligence analyst who misappropriated and traded on government health care secrets; the trial of a portfolio manager who overstated the value of illiquid fund assets under management; the accounting fraud trial of an executive who manipulated a critical non-GAAP company metric; charges against individuals for hacking major New York law firms; charges against partners at a Big Four accounting firm for their role in a scheme to misappropriate confidential information from the Public Company Accounting Oversight Board (PCAOB); charges against the director of fixed income at the New York State Common Retirement Fund (NYSCRF) for steering billions of dollars of trades in exchange for bribes; and insider trading charges against a sitting United States Congressman.

Prior to supervising the Task Force, Tim served as Co-Chief of the Southern District’s General Crimes Unit, where he trained and supervised dozens of the Southern District’s newest prosecutors. He also conducted ten trials and argued nine appeals before the U.S. Court of Appeals for the Second Circuit. His notable matters included the insider trading trial of Chief Information Officer and former Central Intelligence Agency employee David Riley and the prosecution of David Murcia Guzman (DMG) – referred to in the press as the “Bernie Madoff of Colombia” – and several confederates for running an international money laundering enterprise.

“I am delighted to join Morvillo Abramowitz and continue to work on complex, high-stakes white collar and regulatory matters,” Tim said. “During my time at the U.S. Attorney’s Office, I had the pleasure of working with incredibly smart and dedicated lawyers. I have no doubt that I will be able to replicate that collegial environment at my new home.”

At Morvillo Abramowitz, Tim will join a group of partners boasting ten alumni of United States Attorney’s Offices, including two Criminal Division Chiefs, a Chief Appellate Attorney, a Deputy Chief Appellate Attorney, a Chief of the Securities Fraud Unit, and a Chief of Health Care Fraud Prosecutions.

“Tim is well-known for being both a great trial lawyer and a great leader, and his experience at the SDNY will be invaluable to our clients,” said Brian A. Jacobs.

Prior to joining the U.S. Attorney’s Office, Tim served as a law clerk to the Honorable Joseph M. McLaughlin of the U.S. Court of Appeals for the Second Circuit. He also practiced at Davis Polk & Wardwell and has taught Advanced Trial Advocacy at Fordham Law School. He is a member of the New York City Bar’s White Collar Criminal Law Committee and a frequent speaker on white collar and securities enforcement issues.

Tim received his J.D. from Cornell Law School in 2002, where he was an editor of the law review. He received his B.A. from Yale College in 1998.

 

 

 

Rethinking Corporate Monitors: DOJ Tells Companies to Mind Their Own Business - 10.15.2018

Since about the early 2000s, corporate monitors have become a go-to weapon for the Justice Department in its battle against business crime. Imposition of such monitors often results in the disruption of companies’ activities and expenditures of millions of corporate dollars – that might otherwise go to benefit shareholders. In line with its more business-friendly approach, Attorney General Jeff Sessions’ Department of Justice has signaled a retreat from such intrusion on businesses’ operations. Last Friday, Brian A. Benczkowski, the Assistant Attorney General in charge of the Justice Department’s Criminal Division, delivered a speech at New York University School of Law revealing this change in the Department’s approach to the use of corporate monitors. [...]

Privacy Trumps Right of Access to Judicial Documents in ‘Giuffre v. Maxwell’ - 10.15.2018

Southern District Judge Robert W. Sweet’s recent decision in Giuffre v. Maxwell addresses the press’s application to unseal potentially salacious documents covered by a protective order in an action concerning allegations of sexual abuse. In this article, we discuss Judge Sweet’s analysis of the law in the Second Circuit on protective orders and the sealing of “judicial documents,” and the tension between the public’s right of access and interest in transparency in the legal system and the individual’s right to privacy.

The Vanishing Federal Criminal Trial - 10.11.2018

Contrary to Hollywood’s fictionalized vision of our criminal justice system, a recent report from the National Association for Criminal Defense Lawyers confirms what many have recognized: trials are an endangered species. In this article, we discuss how the "trial penalty"-- the difference between the result a defendant may obtain by pleading guilty and the far harsher result that same defendant may receive if found guilty after trial -- has skewed our criminal justice system.   

Ethical Considerations for Corporate Investigations 2018 - 10.04.2018

On Thursday, October 4, 2018, partner Richard F. Albert will participate in a CLE panel sponsored by the New York City Bar entitled, “Ethical Considerations for Corporate Investigations 2018.” The presentation will touch on a broad array of ethical issues, devoting special attention to current developments concerning prosecution and regulatory strategies, conflicts of interest, protection and waiver of the attorney-client privilege, counseling of employee witnesses, and issues raised by global investigations, involving multinational entities.

For more information about this program, please click here.

Hidden 'Time' Bombs in White-Collar Criminal Matters - 10.04.2018

Congress has armed the government with an arsenal of weapons to extend limitations periods in white-collar cases that prosecutors have used in increasingly creative ways that are often difficult for defendants to predict. In this article, we examine the various tools at the government’s disposal, including mutual legal assistance treaties in cross-border matters; FIRREA’s ten-year statute of limitations for frauds “affecting” financial institutions; criminal conspiracy charges; tax crimes; and war-time extensions. We highlight a recent decision in United States v. Bogucki, a wire fraud prosecution, which is a prime example of how the government may lie in wait before launching hidden “time” bombs to lengthen the applicable limitations period.

Benchmark Litigation Names the Firm Among the Best in the Nation in White-Collar Crime, Identifies the Firm as “Highly Recommended” in New York, and Recognizes All Morvillo Abramowitz Partners - 09.28.2018

Benchmark Litigation ranked Morvillo Abramowitz Grand Iason & Anello PC Tier 1 nationally in the White-Collar Crime category, Highly Recommended (the guide’s top honor) in New York, and recognized all of the firm’s partners. Acknowledged as “Litigation Stars” in the practice area of White-Collar Crime are Elkan Abramowitz, Richard F. Albert, Robert J. Anello, Lawrence S. Bader, Benjamin S. Fischer, Lawrence Iason, Jonathan S. Sack, Jeremy H. Temkin, and Richard D. Weinberg. Partners Judith L. Mogul and Edward M. Spiro are named “Litigation Stars” in the area of General Commercial Litigation. Partners Catherine M. Foti, Brian A. Jacobs, Jodi Misher Peikin, and Robert M. Radick have been selected as “Future Stars.”

As noted by a peer, “many other firms are trying to ramp up their white-collar practices right now, hiring aggressively out of the government and so forth, but Morvillo Abramowitz still has an edge on most of them. Not only have their lawyers been at this game longer than most who are still practicing, but they are seasoned with years of wisdom and trial experience. They know what works and what doesn’t, what arguments will hold up and when to employ them. And for a relatively small firm, their bench is surprisingly deep.” Clients have expressed their appreciation as well. One client applauds Morvillo Abramowitz and states that the firm is “simply the best at what they do.” Another confirms, “if you’re in need of counsel regarding really serious concerns, you don’t mess around and 'window shop.' You just go straight to the experts – you go to Morvillo.”

Please find the full editorial section here.

Benchmark Litigation is the Definitive Guide to America's Leading Litigation Firms and Attorneys. Published by Euromoney Legal Media Group, Benchmark Litigation’s guide is derived from a process of extensive research and interviews with litigators and their clients.

Benchmark Litigation Names the Firm Among the Best in the Nation in White-Collar Crime, Identifies the Firm as “Highly Recommended” in New York, and Recognizes All Morvillo Abramowitz Partners - 09.28.2018

NEW YORK, September 28, 2018 – Benchmark Litigation ranked Morvillo Abramowitz Grand Iason & Anello PC Tier 1 nationally in the White-Collar Crime category, Highly Recommended (the guide’s top honor) in New York, and recognized all of the firm’s partners. Acknowledged as “Litigation Stars” in the practice area of White-Collar Crime are Elkan Abramowitz, Richard F. Albert, Robert J. Anello, Lawrence S. Bader, Benjamin S. Fischer, Lawrence Iason, Jonathan S. Sack, Jeremy H. Temkin, and Richard D. Weinberg. Partners Judith L. Mogul and Edward M. Spiro are named “Litigation Stars” in the area of General Commercial Litigation. Partners Catherine M. Foti, Brian A. Jacobs, Jodi Misher Peikin, and Robert M. Radick have been selected as “Future Stars.”

As noted by a peer, “many other firms are trying to ramp up their white-collar practices right now, hiring aggressively out of the government and so forth, but Morvillo Abramowitz still has an edge on most of them. Not only have their lawyers been at this game longer than most who are still practicing, but they are seasoned with years of wisdom and trial experience. They know what works and what doesn’t, what arguments will hold up and when to employ them. And for a relatively small firm, their bench is surprisingly deep.” Clients have expressed their appreciation as well. One client applauds Morvillo Abramowitz and states that the firm is “simply the best at what they do.” Another confirms, “if you’re in need of counsel regarding really serious concerns, you don’t mess around and 'window shop.' You just go straight to the experts – you go to Morvillo.”

Please find the full editorial section here.

Benchmark Litigation is the Definitive Guide to America's Leading Litigation Firms and Attorneys. Published by Euromoney Legal Media Group, Benchmark Litigation’s guide is derived from a process of extensive research and interviews with litigators and their clients.

Morvillo Abramowitz Partners Recognized as Experts in Who’s Who Legal: Business Crime Defence and Investigations 2018 - 09.26.2018

NEW YORK, September 26, 2018 – Several Morvillo Abramowitz partners have been recognized as experts in Who’s Who Legal: Business Crime Defence 2018, including Elkan Abramowitz, Robert J. Anello, Lawrence Iason, Jodi Misher Peikin, and Jonathan S. Sack. The practitioners were selected for "their exceptional work handling a range of matters, including regulatory and internal investigations, fraud, corruption, bribery and mutual legal assistance."

Earlier this year, Morvillo Abramowitz partners Elkan Abramowitz, Richard F. Albert, Robert J. Anello, Lawrence Iason, Jodi Misher Peikin, and Richard D. Weinberg were recognized as experts in Who’s Who Legal: Investigations 2018 for "their exceptional work assisting companies and individuals in internal investigations and enforcement proceedings." In addition, both Elkan Abramowitz and Lawrence Iason were identified as Thought Leaders.

Since 1996, Who's Who Legal has identified the foremost legal practitioners in business law based upon comprehensive, independent research.

Morvillo Abramowitz Partners Recognized as Experts in Who’s Who Legal: Business Crime Defence and Investigations 2018 - 09.26.2018

Several Morvillo Abramowitz partners have been recognized as experts in Who’s Who Legal: Business Crime Defence 2018, including Elkan Abramowitz, Robert J. Anello, Lawrence Iason, Jodi Misher Peikin, and Jonathan S. Sack. The practitioners were selected for "their exceptional work handling a range of matters, including regulatory and internal investigations, fraud, corruption, bribery and mutual legal assistance."

Earlier this year, Morvillo Abramowitz partners Elkan Abramowitz, Richard F. Albert, Robert J. Anello, Lawrence Iason, Jodi Misher Peikin, and Richard D. Weinberg were recognized as experts in Who’s Who Legal: Investigations 2018 for "their exceptional work assisting companies and individuals in internal investigations and enforcement proceedings." In addition, both Elkan Abramowitz and Lawrence Iason were identified as Thought Leaders.

Since 1996, Who's Who Legal has identified the foremost legal practitioners in business law based upon comprehensive, independent research.

Corporate Health Care Fraud Prosecutions in the Trump Administration: It Ain’t Over Til It’s Over - 09.26.2018

As we near the two-year point since the election of Donald J. Trump to the White House, the topic of white collar crime continues to dominate the public conversation – but the conversation in fact consists of two distinctly separate streams of dialogue. The first, and plainly more prominent, relates to the conduct of the Trump administration itself. The Special Counsel investigation regarding Russian intervention in the 2016 election, the prosecution of Michael Cohen for violating campaign finance laws, Paul Manafort’s decision to cooperate with the Special Counsel following his trial conviction on counts of bank fraud and tax fraud, and the investigation of President Trump for a host of potential crimes – all of these matters have rightfully earned headlines and generated tremendous public attention. But a second stream of dialogue, while less present in the mainstream media, is nonetheless of significant importance as well. Indeed, it is this second topic – namely, how aggressively the Trump Administration’s Department of Justice will pursue investigations into white collar crime in general, and health care fraud in particular – that is understandably a subject of much import to the corporations and individuals whose conduct may be the focus of government scrutiny. [...]

Insider Trading Law 2018 - 09.20.2018

On Thursday, September 20, 2018, partner Brian A. Jacobs will participate on a panel entitled, “Advising Clients with Insider Trading Issues.” This panel will include the following topics:

  • Addressing practical concerns for clients
  • What does an effective insider trading compliance program look like?
  • Should our advice change because of recent legal developments?
  • Representing clients in a government investigation: avoiding pitfalls

For more information about this program, please click here.

‘United States v. Sertich’: Affirmative Obligations of Taxpayers - 09.20.2018

Under the Internal Revenue Code, employers are responsible for accounting for and paying over to the IRS taxes that they withhold from their employees. In United States v. Sertich, the United States Court of Appeals for the Fifth Circuit held that an employer who willfully fails either to account for or to pay over such taxes commits a felony under 26 U.S.C. § 7202. In this article, we address Sertich’s holding that, while Section 7202 lists a series of acts using the conjunctive “and,” the statute imposes mandatory obligations, all of which must be affirmatively fulfilled. Sertich is also noteworthy in its discussion of the government’s heightened burden of proving willfulness in criminal tax cases.