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Publications

  • "Right to Control" Theory of Fraud: When Deception Without Harm Becomes a Crime, Vol. 43, Cardozo Law Review (2021). This article was cited by defendant-appellants in both their petitions for a writ of certiorari as well as their merits briefing before the U.S. Supreme Court challenging the government’s controversial “right to control” theory of mail and wire fraud. A unanimous Court invalidated the theory and reversed the convictions. 

  • Newman/Martoma: The Insider Trading Law’s Impasse and the Promise of Congressional Action, Vol. 25, Fordham Journal of Corporate and Financial Law, 2019.

  • Global Anti-Corruption Enforcement: American Style, 53 Securities & Commodities Regulation (May 13, 2020).

  • “Lorenzo v. SEC: Disseminating false information can create Rule 10b-5 liability even for those who did not “make” the false statement.” White & Case Client Alert, April 2019.

  • Inside the Minds: Managing White Collar Legal Issues, Aspatore Books, October 2008.

  • "Asset Forfeiture Hits the Suites," The National Law Journal, July 21, 2008.

  • "Are the Sentencing Guidelines More Than 'Advisory'?" Business Crimes Bulletin, May 2008.

  • “Does Cooperation Obscure the Truth?” Business Crimes Bulletin, June 2004.

  • “The ‘Inherently Wrongful’ Doctrine in Federal Law,” NYLJ, March 2000.

  • Panelist – New York City Bar Association: "(Webcast) Ethical Considerations for Corporate Investigations: View from All Sides," Sept. 2021, New York City.

  • Panelist – International Conference on Foreign Corrupt Practices Act 2019.

  • Panel Discussion: "Legal, Compliance and Financial Gatekeepers as Defendants: The Realities of New, Rising Prosecution Risks Confronting Individuals", Dec. 2019, Washington, DC.

  • Panelist – New York City Bar Association's International White Collar Crime Symposium, Panel Discussion: "Global Enforcement Trends", Dec. 2019, New York City.

  • Panelist – NAPABA Conf.: “The Intersection of White Collar Criminal Prosecutions and National Counterintelligence, A New Legal Challenge.” Nov. 2018, Chicago.

  • Panelist – PLI Conf. on White Collar Crime: “Ethical Issues in White Collar Investigations,” Oct. 2016, New York City.

  • Panelist – NYC Bar Assoc. White Collar Crime Inst.: “The Government’s Call for Cooperation by and Against Companies – A Game Changer or More of the Same?” May 2015, New York City.

  • Instructor -- International Criminal Court – Trial Advocacy Training Program (seminar for War Crimes Prosecutors), Oct. 2011, the Hague, Netherlands.

  • Instructor -- South Korean Ministry of Justice: “International Symposium on Presentence Investigation and Pretrial Detention,” October 2010, Seoul, Korea.

  • Panelist – ACI Conf.: “Screening Third Parties: Due Diligence Procedures for Freight Forwarders, Agents, Consultants and Joint-Venture Partners, May 2008, Chicago.

  • Panelist – PLI Conf.: “FCPA 2008 – Coping with Heightened Enforcement Risks,” April 2008, New York City.

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