Elkan Abramowitz: Lawyer with Morvillo, Abramowitz, Grand, Iason, Anello P.C.

Elkan Abramowitz

Phone212.880.9500

Peer Rating
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AV® Preeminent

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Practice Areas

  • White Collar Criminal Defense
  • White Collar Fraud
  • Civil Appeals
  • Regulatory Investigations
  • SEC Enforcement
  • Civil Litigation
  • Complex Commercial Litigation
  • Trial Practice
  • Professional Conduct
  • Business Crimes
  • Federal Civil Practice
  • Insider Trading
  • Securities Fraud
  • Securities Fraud Class Actions
  • Shareholder Disputes
 
Contact InfoTelephone: 212.880.9500
Fax: 212-856-9494
http://www.maglaw.com/lawyers/elkan-abramowitz
 
University Brown University, A.B., 1961
 
Law SchoolNew York University School of Law, LL.B., 1964 Pomeroy Scholar, editor, Law Review
 
Admitted1964, New York; 1968, United States Supreme Court; United States Court of Appeals for the Second Circuit; United States District Court for the Southern District of New York; United States District Court for the Eastern District of New York
 
Biography

Elkan Abramowitz is a leading white collar criminal defense lawyer experienced in handling civil and criminal matters in state and federal court for individual and corporate clients. He has built his career as a trial lawyer representing prestigious clients fallen into high stakes personal and professional crises both in and outside the courtroom. Elkan is the recipient of the 1999 Milton S. Gould Award for Outstanding Oral Advocacy presented by the Office of the Appellate Defender. Named a leading lawyer by Chambers USA: America's Leading Lawyers in the area of Litigation: White Collar Crime & Government Investigations every year since Chambers' 2003 launch in the United States, he has been described as an unquestioned dean of the field ... with a potent combination of experience, intelligence and composure. He is also listed as a Leading Lawyer in White Collar Criminal Defense by The Legal 500 United States, and as a Litigation Star by Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms & Attorneys. Elkan has been recognized by Best Lawyers - New York Area in Bet-the-Company Litigation and Criminal Defense: White Collar. In 2008, Elkan was honored with the New York Council of Defense Lawyers' Norman S. Ostrow award for the defense of liberty and the preservation of individual rights.

Elkan became a principal at a predecessor firm to Morvillo Abramowitz in 1979. He was appointed Special Deputy Commissioner of the Department of Investigation for the City of New York in 1990 to investigate a stock transfer by Mayor David Dinkins to his son. He served as counsel to the Special Master in the garment center antitrust case in 1992. Elkan has also served as Assistant Deputy Mayor for the City of New York, as a Special Counsel to the Select Committee on Crime for the U.S. House of Representatives, and as the Chief of the Criminal Division in the U.S. Attorney's Office for the Southern District of New York.

He is a fellow of the American College of Trial Lawyers and a former director of the New York Council of Defense Lawyers. He is also a member of the New York State and American Bar Associations, the New York City Bar Association (past member of the Criminal Law, Federal Courts, Ethics, and Judiciary Committees), and the Federal Bar Council. Elkan is a co-author of the White Collar Crime column in the New York Law Journal.

Experience

Law Clerk, Honorable Inzer B. Wyatt, U.S. District Judge for the Southern District of New York

Assistant U.S. Attorney, Southern District of New York

Chief of the Criminal Division, Southern District of New York, 1976

Assistant Deputy Mayor, City of New York

Special Counsel, Select Committee on Crime for the U.S. House of Representatives

Appointed Special Deputy Commissioner of the Department of Investigation for the City of New York in 1990 to investigate a stock transfer by Mayor David Dinkins to his son

Served as counsel to the Special Master in the garment center antitrust case in 1992

News

06.26.14

The Legal 500 United States Recommends Morvillo Abramowitz in Securities: Shareholder Litigation and White-Collar Criminal Defense Recognitions

05.23.14

Morvillo Abramowitz Gets Top Ranking in Litigation: White-Collar Crime & Government Investigations in Chambers USA 2014 Recognitions

04.15.14

Who's Who Legal Names Morvillo Abramowitz the Business Crime Defense Law Firm of the Year Recognitions

02.04.14

Elkan Abramowitz Interviewed on the Today Show Media Mentions

11.12.13

Morvillo Abramowitz Tops Benchmark Litigation 2014 Rankings Recognitions

11.01.13

Morvillo Abramowitz Tops U.S. News 2014 Best Law Firms and Best Lawyers Rankings Recognitions

06.21.13

Elkan Abramowitz In Law360 On Skilling and the Honest Services Fraud Statute Media Mentions

06.19.13

For Third Year Who's Who Names Morvillo Abramowitz the Global Business Crime Defense Law Firm of the Year Recognitions

06.04.13

Legal 500 Recommends Morvillo Abramowitz in Securities: Shareholder Litigation and in White Collar Defense Recognitions

05.29.13

Morvillo Abramowitz Gets Top Ranking in Litigation: White Collar Defense and Government Investigations by Chambers USA 2013 Recognitions

05.22.13

Elkan Abramowitz Speaks at NYLAG Annual Gala Media Mentions

02.14.13

Morvillo Abramowitz Named to National Law Journal Litigation Boutiques Hot List Press Releases

02.12.13

Morvillo Abramowitz Lawyers Named Among the World's Leading Business Crime Defense Lawyers by Who's Who Recognitions

02.01.13

Morvillo Abramowitz Wins White Collar Crime Firm of the Year Benchmark Litigation Award - Northeast Region Press Releases

11.09.12

Morvillo Abramowitz Tops U.S. News Best Law Firms and Best Lawyers Rankings Recognitions

09.24.12

Morvillo Abramowitz Gets Top Tier White Collar Defense Ranking By Benchmark Litigation 2013 Recognitions

09.21.12

Morvillo Abramowitz Lawyers Named 2012 New York Super Lawyers and Rising Stars Recognitions

06.07.12

Morvillo Abramowitz Recognized as a Leading Litigation Firm by Chambers USA 2012 Recognitions

05.31.12

Morvillo Abramowitz Named Global Business Crime Defense Law Firm of the Year Recognitions

05.31.12

Morvillo Abramowitz Recommended by The Legal 500 in White Collar Criminal Defense Recognitions

05.15.12

Sentence to Write Sentences: Defense Lawyers Take the Spotlight in Ex-BMS Exec's Probationary Tale Media Mentions

04.22.12

Morvillo Abramowitz Named to The National Law Journal 2012 Midsize Law Firm Hot List Recognitions

02.21.12

With Nine Lawyers Listed, Morvillo Abramowitz Dominates The International Who's Who of Business Crime Defense Lawyers 2012 Recognitions

01.27.12

In Jury Trial, Morvillo Abramowitz Wins Civil Actions for Client Donald Drapkin Against Ronald Perelman Companies Media Mentions

12.05.11

Morvillo Abramowitz Receives Top National Tier Ranking in White Collar Crime and Is Named a Top Litigation Firm in New York by Benchmark Recognitions

06.09.11

Morvillo Abramowitz Recognized as a Leading Litigation Firm by Chambers & Partners for the 8th Consecutive Year Recognitions

06.01.11

Morvillo Abramowitz Recommended by The Legal 500 in White Collar Criminal Defense Recognitions

10.28.10

Morvillo Abramowitz Wins $15 Million Arbitration Award and Full Vindication for Client Kenneth Lipper Press Releases

07.07.10

Morvillo, Abramowitz Recognized by Chambers & Partners for the 7th Consecutive Year Recognitions

06.27.10

Morvillo, Abramowitz Recognized by Who's Who Legal for the Fourth Consecutive Year

Recognitions

Events

05.20.132nd Annual White Collar Crime Institute

Sponsor White Collar Crime Committee of the New York City Bar Association

Panel How to Win (Without Trial): Pre-Indictment Advocacy

09.06.12LIBOR: Securities, Antitrust and Regulatory Implications

Sponsor West LegalEdcenter

04.18.12New Proposals to Regulate Brady Disclosure

Sponsor Committee on Criminal Justice Operations and the Committee on Criminal Courts of the New York City Bar Association

Publications

07.01.14 Articles

False Statement Prosecutions: Major Change at Justice Department?Under Section 1001 of Title 18, a wide array of false statements is subject to criminal prosecution, raising concern over the power the law gives to prosecutors. To the surprise of many, the Justice Department has recently taken a position on one element of a Section 1001 offense-willfulness-which at first blush would seem to make prosecutions under the law more difficult for the government. This article considers the Department's position and its practical implications for white-collar defense lawyers and their clients. 05.06.14 Articles

Scope of Disclosure When Investigative Reports Are Released to the Public

New York Law Journal

When a government investigation becomes widely known, negative publicity usually follows. The target of the investigation often looks for ways to influence public discussion, including issuance of an investigative report, as Governor Christie recently chose to do. This article considers the legal implications of releasing an investigative report, most importantly, the extent of further disclosure that may be required following its release.03.05.14 Articles

Are We Criminalizing Politics as Usual? Case Against Former Virginia Governor

New York Law Journal

Political leaders and their supporters routinely use the trading of favors to gain and maintain power. Politics in our own era is no exception. This article examines the law of honest services fraud, used to fight public corruption, in the context of the January 2014 indictment of former Virginia Governor Robert Mc

Donnell and his wife, Maureen Mc

Donnell. The case raises important questions about where the line should be drawn between ordinary politics and criminal misconduct.01.08.14 Articles

Dilemma of Self-Reporting: The FCPA Experience

New York Law Journal

Self-reporting misconduct is one of the most difficult judgment calls faced by white-collar defense counsel and their clients. While voluntary disclosure is said to be rewarded by the government, the benefits are often quite difficult to make out. This article examines the dilemma of self-reporting in the context of the federal government's enforcement of the FCPA.11.05.13 Articles

Courts Push Back Against Government Deals With Companies

New York Law Journal

In several high-profile cases, federal district court judges have asserted broad authority to review the substance of agreements between government enforcement authorities and corporations to resolve investigations of alleged misconduct. This article examines this trend, reflected in decisions in the Southern and Eastern Districts of New York involving financial institutions, and in a recent decision in the District of Massachusetts which rejected proffered guilty pleas by two non-financial companies.09.13.13 Insights & Interviews

Elkan Abramowitz in Law

360 Rainmaker Q&ALaw

360

Morvillo Abramowitz Partner Elkan Abramowitz featured in Law

360 Rainmaker Q&A discussing maintaining business visibility, the relevancy of social media, and scoring new clients.09.04.13 Articles

Why So Few Prosecutions Connected to the Financial Crisis?New York Law Journal

Many observers have asked why so few criminal cases have been brought to hold individuals accountable for financial transactions that contributed to the financial crisis of 2007 and 2008. This article suggests possible reasons for the Department of Justice's charging decisions to date, including its decided preference for civil rather than criminal charges. The article contrasts the cases arising from the recent financial crisis with the wave of accounting fraud prosecutions brought about 10 years ago.07.02.13 Articles

Context Matters: Emails In White-Collar Prosecutions

New York Law Journal

The use of electronic mail, or 'email,' as a regular means of business communication has had a large impact on white-collar criminal investigations and prosecutions. This article explores the government's reliance on emails to prove a defendant's guilt and courts' caution when reviewing email evidence that lacks sufficient context and corroborating evidence.05.07.13 Articles

The 'Civil-izing' of White-Collar Criminal Enforcement

New York Law Journal

In recent congressional testimony, Attorney General Eric Holder acknowledged that prosecutors would hesitate before filing criminal charges against a large financial institution because of the effect on the economy of such a prosecution. This article argues that the Attorney General's comments reflect a shift by DOJ, following the demise of Arthur Andersen, toward settlements with companies that either avoid criminal convictions or seek to mitigate their impact on innocent third parties.03.05.13 Articles

Why So Few Individuals? Government's Prosecution of Corporate Misconduct

New York Law Journal

Courts and commentators have recently questioned why the government has not more aggressively prosecuted individuals when companies have admitted or otherwise settled charges of misconduct. This article suggests that individuals have not been charged not because of timidity on the part of prosecutors but, rather, based on a realistic assessment of the difficulty of proving an individual's guilt - a difficulty that the government itself may be masking by overstating the strength of its case against companies.01.07.13 Articles

Privacy and Technology: Balancing Competing Interests

New York Law Journal

The law regarding the Fourth Amendment's application to digital evidence continues to evolve as each branch of government tries to keep pace with society's increased reliance on technology, with legislators and the courts working to frame the limits of government access while balancing competing societal privacy expectations. This article looks at circumstances under which the government can obtain digital information.11.06.12 Articles

The Debate About Deferred And Non-Prosecution Agreements

New York Law Journal

In recent years, the Justice Department and other government agencies have increasingly turned to deferred prosecution agreements and non-prosecution agreements as means for combating corporate crime. This article examines the ongoing debate over the efficacy of DPAs and NPAs and the government's expanding reliance on these agreements.09.04.12 Articles

Different Strokes: Interpreting Computer Fraud and Abuse Act

New York Law Journal

Since being enacted in 1984 to address the growing problem of computer hacking, the Computer Fraud and Abuse Act has been used to prosecute a wide variety of behavior, including the violation of a non-compete agreement by a former employee, the leak of classified government materials, and cyber-bullying. This article examines recent court decisions and legislative efforts that seek to clarify the CFAA and its scope.07.03.12 Articles'Brady' Reform at the Congressional Level

New York Law Journal

Instances of government prosecutorial misconduct related to 'Brady' Disclosures in criminal cases have been well documented in the media. This article details recent efforts in Congress to reform the procedures surrounding Brady Disclosure.05.01.12 Articles

The Wire: Higher Likelihood Innocent Conversations Are Being Intercepted

New York Law Journal

According to government data, the number of wiretaps authorized by courts has more than doubled in the past decade. The number of individuals interecepted by wiretaps also has increased significantly. Yet, the percentage of authorizations resulting in incriminating evidence and convictions has steadily declined. The inevitable conclusion is that the number of innocent people being wiretapped over the past decade has increased. Despite this trend, federal courts have been inconsistent in their application of federal wiretap law intended to protect the crucial interests at stake.03.06.12 Articles

Passwords, Encrypted Hard Drives, Constitutional Rights and Privileges

New York Law Journal

A recent case from the Eleventh Circuit addresses the intersection of the Fifth Amendment's privilege against self-incrimination and digital evidence. While courts may seek to insure that criminals cannot use encryption techniques to hide digital evidence and defeat otherwise valid subpoenas and warrants, the case examines to what extent a citizen can be expected to cooperate in these efforts through the provision of passwords or decrypted hard drives without waiving his own constitutional protections.02.06.12 Insights & Interviews

Elkan Abramowitz on Representing Individuals in 'The Trial'Having built his career as a trial lawyer representing prestigious clients fallen into high stakes personal and professional crises, Elkan Abramowitz still feels he's at the top of his game. His success as a trial lawyer is legendary and for this he credits rigorous pre-trial preparation as key to handling courtroom tension-and effecting victory.01.06.12 Articles

Grand Jury Secrecy: Discretionary Limits

New York Law Journal

On July 29, 2011, a federal district court judge ruled that transcripts of Richard M. Nixon's grand jury testimony related to the Watergate scandal--given with the expectation that it would remain secret--should be released to the public. Since the decision the Justice Department has proposed an amendment to Rule 6(e) of the Federal Rules of Criminal Procedure in an attempt to confine a court's discretion to release secret grand jury materials. This article reviews the law of grand jury secrecy and instances in which a federal court may order the release of grand jury records.11.08.11 Articles

Computer Fraud And Abuse Act: Finding the Line In the Sand

Law Journal Newsletters

11.01.11 Articles

Era of Post-'Booker' Sentencing: Whither the Guidelines

New York Law Journal

09.06.11 Articles'Brady' Obligations: Codification and Clarification

New York Law Journal

05.03.11 Articles'Brady' Obligations In the Twenty-First Century

New York Law Journal

03.01.11 Articles

Search and Seizure of Digital Evidence: Evolving Standards

New York Law Journal

01.04.11 Articles

Overcriminalization And the Fallout From 'Skilling'New York Law Journal

2011 Books & Journals

Defending Corporations and Individuals in Government Investigations 2011 ed - Responding to Subpoenas and Other Regulatory Requests

West Thomson Reuters 2011

11.08.10 Articles

Bucking Conventional Wisdom: Disclosing Defense Arguments to the Prosecution Before Trial

Prosecution Notes, New York University School of Law, Center on the Administration of Criminal Law

11.02.10 Articles

Prosecutions Arising Out of Troubled Asset Relief Program

New York Law Journal

09.10.10 Articles

Too Big to Fail: Is Federal Criminal System in Need of Overhaul?New York Law Journal

07.09.10 Articles

Honest Services Fraud: 'Morris,' 'Skilling' and the Martin Act

New York Law Journal

05.04.10 Articles

The Ever-Expanding Martin Act: Has It Reached Its Limit?New York Law Journal

01.05.10 Articles

Further Developments On Privacy Rights in an Electronic Era

New York Law Journal

11.03.09 Articles

Personal Attorney-Client Privilege In Internal Investigations

New York Law Journal

09.01.09 Articles

Loss Calculation in Sentencing For Securities Fraud Cases

New York Law Journal

07.07.09 Articles

Grand Jury Witness Access To Testimony Transcripts

New York law Journal

05.05.09 Articles'Adnarim' Warnings in Corporate Internal Investigations

New York Law Journal

03.03.09 Articles

Targeting Law Enforcement To Improve the Economy

New York Law Journal

01.06.09 Articles

Pretrial Publicity in Criminal Cases: Media Sound Bites, Justice?New York Law Journal

11.04.08 Articles

Expert Testimony in Criminal Cases

New York Law Journal

09.02.08 Articles

Justice and Corporate Prosecutions: The Continuing Saga

New York Law Journal

07.01.08 Articles

The U.S. Supreme Court: Money-Laundering Decisions

New York Law Journal

05.06.08 Articles

Expansion of Border Searches to Laptops, Electronic Items

New York Law Journal

03.20.08 Articles

When Prosecution Is Outsourced to the Private Bar

New York Law Journal

03.04.08 Articles

The Rule of Lenity in Sentencing

New York Law Journal

01.10.08 Articles

Thoughts on Federal Plea Bargaining, Trials, Acquittals

New York Law Journal

11.06.07 Articles

Federal Money-Laundering Statutes: Course Correction?New York Law Journal

09.04.07 Articles

Privilege Waivers: The Pendulum Swings

New York Law Journal

07.03.07 Articles

Beyond Harmless Error: 'Trivialty' of Intrusions

New York Law Journal

05.01.07 Articles

Conscious Avoidance: A Substitute for Actual Knowledge?New York Law Journal

03.06.07 Articles

Reasonableness Review After 'Booker'New York Law Journal

01.02.07 Articles

The Defense of Corporate America: The Year in Review

New York Law Journal

11.07.06 Articles

The Fourth Amendment in the Age of Computers

New York Law Journal

09.05.06 Articles

Assault on Thompson Memo: KPMG and Beyond

New York Law Journal

07.06.06 Articles

Special Responsibilities: Proposed Changes to Prosecutorial Ethics

New York Law Journal

05.02.06 Articles

Handling Witnesses: The Boundaries of Proper Witness Preparation

New York Law Journal

03.07.06 Articles

Unindicted Co-Conspirators, Due Process, and Government Targets

New York Law Journal

11.01.05 Articles

Waiver of Corporate Attorney-Client and Work Product Protection

New York Law Journal

09.06.05 Articles

Supreme Court Review: The 2004-2005 Term

New York Law Journal

07.04.05 Articles

The 'Andersen' Decision: Its Effects on 18 USC 1519 and Attorneys

New York Law Journal

04.29.05 Articles

Defense Witness Immunity-Toward a More-Level Playing Field

New York Law Journal

03.08.05 Articles

The Limits of Rule 17(c) Subpoenas

New York Law Journal

01.04.05 Articles'Martindell' Orders: A Trap for the Unwary?New York Law Journal

01.03.05 Articles

Conflicts Analysis in a New Age

New York Law Journal

11.02.04 Articles

The Confidentiality of Sentencing Submissions

New York Law Journal

09.07.04 Articles

High Court Roundup

New York Law Journal

07.06.04 Articles

Perjury by Government Witnesses: Exposed and Punished

New York Law Journal

05.04.04 Articles

The Attorney-Client Privilege in the Age of Public Relations

New York Law Journal

03.02.04 Articles

The Meaning of 'Property' Under Federal Mail, Wire Fraud Statutes

New York Law Journal

01.06.04 Articles

Challenging the Feeney Amendment: Judicial, Defense Responses

New York Law Journal

11.04.03 Articles

Codify Government's Duty to Disclose Information to the Defense?New York Law Journal

09.02.03 Articles

Issues Ripe for U.S. Supreme Court Review

New York Law Journal

07.01.03 Articles

The Hyde Amendment: Five Years Later

New York Law Journal

05.06.03 Articles

Re-Examining Experts in the Post-'Daubert' Era

New York Law Journal

03.04.03 Articles

Principles of Federal Prosecution of Business Organizations

New York Law Journal

01.07.03 Articles

Throwing the Book (The Guidelines) at Corporate Criminals

New York Law Journal

11.05.02 Articles

Exploring the Contours of the Federal Mail and Wire Fraud Statutes

New York Law Journal

09.03.02 Articles

High Court: More Burdens Placed on Defense; Pro-Prosecution?New York Law Journal

07.02.02 Articles

Andersen Jury Instruction: A New Collective Corporate Liability?New York Law Journal

1991 Books & Journals

Corporate Sentencing: A Current Perspective

New York State Bar Association, 1991

 
ISLN909562470
 


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Office Information

Elkan Abramowitz

565 Fifth Avenue
New YorkNY 10017




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