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September 15, 2021 | New York Law Journal

Establishing a 'Cheek' Defense Through Expert Testimony

In 'Cheek v. United States,' the Supreme Court established the government's burden of proof to show that a defendant acted "willfully" in order to obtain a conviction on criminal tax charges. In this column Tax Litigation Issues, Jeremy H. Temkin analyzes recent circuit court decisions rejecting claims that defendants were improperly deprived of their ability to present a 'Cheek' defense through expert testimony.
9 minute read
September 09, 2021 | New York Law Journal

White-Collar Investigations and Disclosure During Corporate Transaction Due Diligence

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss 'Schaeffler' and 'Carnegie', which shed light on the scope of the common interest doctrine under federal law and, more specifically, within the Second Circuit.
11 minute read
August 16, 2021 | New York Law Journal

Protective Orders Provide Only Illusory Protections to Civil Litigants With Potential Criminal Exposure

For civil litigants whose conduct has criminal implications, a substantial risk exists that the materials will find their way into the hands of a government prosecutor. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood explore the issue in the context of the recent decision in 'United States v. Maxwell'.
10 minute read
August 11, 2021 | New York Law Journal

'Van Buren v. U.S.': A Window Into Criminal Law in Barrett Era?

White-Collar Crime columnists Robert J. Anello and Richard F. Albert discuss the U.S. Supreme Court's recent 'Van Buren' decision, which fits into a pattern of the court's modern criminal law jurisprudence that, while purporting to use only traditional tools of statutory interpretation and to eschew policy judgments, nevertheless appears motivated by concerns about the ever-expanding reach and severity of federal criminal law.
12 minute read
July 30, 2021 | New York Law Journal

Fried Frank Secures $1.5 Million Contract to Represent NY Health Dept. in COVID Response Probe

The contract indicates that the Manhattan district attorney's office has made inquiries to the state agency, though it is not explicit on local prosecutors' focus.
3 minute read
July 28, 2021 | New York Law Journal

Brooklyn's Acting US Attorney Recuses Office From Fraud Case Because Her Spouse Is Serving as Defense Attorney

The U.S. Attorney's Office for the Southern District of New York will supervise the case over the defendant, who dubbed himself the "Lotto Lawyer," with EDNY prosecutor Lauren Elbert continuing her work under new supervision.
2 minute read
July 23, 2021 | New York Law Journal

2nd Circuit Upholds $100,000 in Sanctions Against New York Copyright Attorney

One of the most prolific copyright filers in the country has been ordered to pay a $100,000 fine, serve all of his clients with a copy of the sanctions order and file a copy of it in all of his pending cases for a year.
4 minute read
July 14, 2021 | New York Law Journal

Will 'CIC Services' Open the Floodgates to Tax Challenges?

In 'CIC Services', the U.S. Supreme Court unanimously rejected the government's argument that the Anti-Injunction Act barred a challenge to an IRS Notice requiring both taxpayers and their advisors to disclose information regarding transactions the government views as abusive on pain of both civil tax penalties and criminal prosecution. In this edition of his Tax Litigation Issues, Jeremy H. Temkin analyzes the decision and considers its ramifications for future challenges to tax-related provisions.
9 minute read
July 08, 2021 | New York Law Journal

Congress Requires DOJ To Report on Deferred Prosecution Agreements

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations; consider the National Defense Authorization Act's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making; and contrast the present reporting requirement with prior, judicial efforts to review the terms of DPAs.
10 minute read
July 02, 2021 | New York Law Journal

Alvin Bragg on Path to Be Next Manhattan DA After Tali Farhadian Weinstein Concedes Primary Race

If elected, Bragg would become the first Black district attorney for Manhattan. In his campaign he said he would not prosecute some low-level charges and would offer diversion for all other misdemeanor charges involving desk appearance tickets.
4 minute read

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