Fellows in the news - Financial Crime Litigators Academy

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Fellows in the news

Posts by our fellow member Jonathan S. Sack. See all posts.

25 result(s)

White Collar Crime

The Justice Department’s Corporate Enforcement Policy: What’s Really Changed

Jonathan Sack poses a challenging question in the New York Law Journal as well as guides readers through the new policies and their actualized- as well as potential impact with depth and discernment.

Jonathan S. Sack

03/05/2023

White Collar Crime

What Recent Special Counsel Prosecutions Can Tell Us About False Statements Prosecutions

Jonathan Sack evaluates the broad reach of a law enforcement policy and its impact on recent cases.

Jonathan S. Sack

03/04/2023

White Collar Crime

Not So Fast: The Rights of Victims in Corporate Deferred Prosecutions

The article by Jonathan Sack examines the issue of victims' rights during the negotiation of DPAs and discusses the reforms called for by the US Department of Justice in response to the Boeing DPA establishment.

Jonathan S. Sack

03/03/2023

White Collar Crime

U.S. v. Benjamin Sheds Light on Tangled Federal Bribery Law

The article, co-written by Jonathan Sack, assesses recent US court precedents and their implications for future cases, emphasizing the challenges of successfully prosecuting bribery and public corruption cases, especially when explicit quid pro quo must be demonstrated.

Jonathan S. Sack

26/01/2023

White Collar Crime

Monaco Memorandum Updates DOJ Corporate Enforcement Policy

Jonathan Sack analyzed the adequacy of corporate disclosure and cooperation per Deputy Attorney General Lisa Monaco’s memorandum.

Jonathan S. Sack

26/10/2022

White Collar Crime

Hoskins I, II, III: Implications for the FCPA and White-Collar Criminal Law

Jonathan Sack together with colleagues reviews the long-term effect of the decade-long prosecution of Lawrence Hoskins and its impact in future FCPA and white-collar actions.

Jonathan S. Sack

09/09/2022

Human Rights

SEC Authority Over Climate-Related Disclosures for Investors

Jonathan Sack analyses whether Congress has authorized the SEC to compel disclosure of greenhouse gas emissions data in his latest

Jonathan S. Sack

29/08/2022

Virtual AssetsWhite Collar Crime

Cybersecurity and Individual Liability: "United States v. Sullivan" and the Criminalization of a Cyber Attack Response

Jonathan Sack analyzes a pending federal criminal prosecution wherein an individual has been charged with fraud arising from Uber Technologies' response to a 2016 data breach.

Jonathan S. Sack

10/05/2022

White Collar Crime

Jury Rejects Wire Fraud Charges in Boeing Crash Prosecution

Jonathan Sack writes about the US government's reliance on an expansive theory of "right to control" wire fraud and zeroes in on the importance of a vigorous defense on the facts and the law.

Jonathan S. Sack

05/05/2022

Litigation Strategies

The SEC's Rulemaking Process: Long-Haul or Short-Cut?

Jonathan Sack discusses the importance of a quantitative analysis approach to The SEC's Rule-making Process.

Jonathan S. Sack

21/01/2022

Litigation Strategies

Payment For Order Flow & Market Implications

In light of the recent scrutiny of SEC officials, Jonathan Sack writes about the legal framework for Payment for Order Flow.

Jonathan S. Sack

04/10/2021

Corruption

Restitution in FCPA Cases: Who Is a Victim of Foreign Corruption?

Jonathan Sack's writes about the rising significance of restitution in FCPA cases.

Jonathan S. Sack

30/09/2021

Litigation Strategies

Eleventh Circuit En Banc Ruling Fails To Resolve Key Issue Regarding Victims' Right To Confer With Prosecutors

Jonathan Sack reviewed the recent ruling which needs to clarify an important procedural issue under the CVRA:'when does a victim's right to confer arise - before charges are filed in court, or only afterward?'.

Jonathan S. Sack

16/06/2021

Litigation Strategies

Second Circuit Rulings Clarification May Affect Criminal Liability

Jonathan Sack co-authored an article discussing recent Second Circuit rulings clarifying the scope of criminal liability: non-disclosure agreements and insider trading.

Jonathan S. Sack

12/05/2021

Litigation Strategies

Where's the Quid? DOJ Tests the Limits of Public Corruption Law

Two recent federal prosecutions, in Ohio and Illinois, have drawn attention to the "quid" part of the equation - the thing of value a public official receives in return for a corrupt official act. In Jonathan Sack's latest New York Law Journal article, "Where's the Quid? DOJ Tests the Limits of Public Corruption Law," he discusses what these two prosecutions may say about federal public corruption law.

Jonathan S. Sack

12/03/2021

Litigation Strategies

When Does Company Counsel Also Represent a Company Founder?

Jonathan Sack cautions that the legal standard makes it difficult for the individual to demonstrate a personal attorney-client relationship with the company counsel.

Jonathan S. Sack

15/01/2021

Litigation Strategies

The Supreme Court Will Interpret Another White-Collar Criminal Statute

Jonathan Sack's recent article, published by the New York Law Journal, analyzes the Computer Fraud and Abuse Act which is soon to be considered by the Supreme Court in United States v. Van Buren.

Jonathan S. Sack

10/11/2020

White Collar Crime

DOJ's Updated Guidance for Evaluating Corporate Compliance Programs

In his latest contribution, Jonathan Sack discusses the DOJ's updated compliance guidance, "Evaluation of Corporate Compliance Programs."

Jonathan S. Sack

30/06/2020

Litigation Strategies

Crime Victims' Rights Act Challenged by Epstein Case

Writing for the "New York Law Journal," Jonathan Sack and his co-author evaluate the ruling by the U.S. Court of Appeals for the Eleventh Circuit that held that federal prosecutors did not have an obligation under the Crime Victims' Rights Act to tell Jeffrey Epstein's victims of the decision not to prosecute him for sex trafficking.

Jonathan S. Sack

28/05/2020

Litigation Strategies

Employment Agreements Under (Dis)Stress

In his recent article in the "New York Law Journal," Jonathan Sack and his co-author look at employment contracts and how a change in compensation resulting from the coronavirus pandemic may trigger the employee's rights to severance, vesting of equity or options, and other benefits, and may impose added obligations on employers.

Jonathan S. Sack

14/05/2020

Litigation Strategies

A New Discovery Tool in Arbitration

In his article in "Forbes," Jonathan Sack explains the significance of a recent ruling by England's highest court, which held that judicial process may be invoked to order depositions in support of a foreign arbitration.

Jonathan S. Sack

14/04/2020

White Collar CrimeLitigation Strategies

Revealing 'Particulars' In Criminal Fraud Cases

Jonathan Sack, in this article for the "New York Law Journal," discusses how while courts frequently deny particulars in fraud prosecutions, its advisable to seek a bill of particulars to help the defense avoid surprises at trial.

Jonathan S. Sack

03/03/2020

Litigation Strategies

'Bridgegate' Uncovers Federalism in State Matters

The "New York Law Journal" published Jonathan Sack's analysis of the influence that principles of federalism have had on Supreme Court decisions, using the "politically motivated" closure of traffic lanes along the George Washington Bridge in 2013, as an example.

Jonathan S. Sack

03/01/2020

Litigation Strategies

Materiality and Admissibility of Evidence In Criminal Securities Fraud Cases

The New York Law Journal recently published Jonathan Sack's commentary on materiality in securities fraud prosecutions. Read about important decisions examining admissibility of evidence.

Jonathan S. Sack

21/11/2019

Litigation Strategies

Limiting the Reach of the Supreme Court's 'McDonnell' Decision

Jonathan Sack recently co-authored an article about the "official act" requirement set forth in the Supreme Court's McDonnell decision and how recent 2nd Circuit decisions highlight how fluid key aspects of anti-bribery law remain.

Jonathan S. Sack

01/10/2019