James W. Cooper's practice includes the representation of business organizations and individuals through counseling, investigation, and criminal defense, including trial.

Prior to joining the firm, Mr. Cooper served as a senior Justice Department attorney and Assistant US Attorney for the District of Columbia, where he was the Deputy Chief of the Criminal Division and Acting Chief of the National Security Section. In those positions, he supervised all federal criminal investigations and prosecutions in the Office, including all matters involving fraud, public corruption, terrorist finance, anti-money laundering enforcement, export control violations, healthcare fraud, intellectual property theft, corporate and securities fraud, tax fraud, environmental crimes, and asset forfeiture. In addition, Mr. Cooper has personally tried more than 40 criminal cases and has handled myriad sensitive or high-profile criminal cases.

His experience includes internal investigation and crisis management involving government enforcement threats wherever they may arise, including grand jury investigations, administrative subpoenas and inquiries, press or congressional interest, whistleblower allegations, or internal audit and review.

He has advised clients in a wide array of substantive areas, including alleged violations of the antitrust cartel prohibitions, Foreign Corrupt Practices Act, export control laws, Bank Secrecy Act and anti-money laundering requirements, government contracting and procurement fraud, environmental crime prohibitions, federal food and drug laws, and others.

Experience

  • Financial institution in BSA/AML investigation conducted by DOJ, OCC, and FinCEN.
  • Financial institution in joint DOJ/CFPB fair lending investigation.
  • Aurora Loan Services LLC, a mortgage servicing company, in federal False Claims Act litigation alleging fraud in mortgage origination and foreclosure activities; all charges dismissed.
  • CommunityOne Bank, NA, in Bank Secrecy Act investigation and negotiation of deferred prosecution agreement, United States v. CommunityOne Bank, N.A (W.D.N.C. 2011).
  • Financial institution in various government enforcement matters, including investigations into mortgage servicing and origination activities.

  • SLM Corporation (commonly referred to as Sallie Mae) in United States ex rel. Batiste v. SLM Corp., 740 F. Supp. 2d 98 (D.D.C. 2010), a False Claims Act matter alleging submission of false claims in connection with the federal student loan program (obtained dismissal with prejudice on jurisdictional grounds; affirmed in United States ex rel. Batiste v. SLM Corp.(D.C. Cir. 2011)).
  • Merck in False Claims Act litigation pending in the United States District Court for the District of Massachusetts and the Southern District of Texas.
  • Academic research institution targeted in criminal export control investigation (no charges were brought).
  • Academic research institution in criminal and administrative investigation into alleged violations select agent and toxin regulations (no charges were brought).
  • Yamashita Rubber Co., Ltd., a Japanese auto parts manufacturer, in antitrust cartel investigation, United States v. Yamashita Rubber Co., Ltd. (N.D. Ohio, October 2013).

Perspectives

Foreign Bank Actions Signal Increased Focus On AML Failures
Published by Banking Law360, Capital Markets Law360, and New York Law360
Global Anti-Corruption Insights: 2015 Year-End Review
FCPA News and Insights
Fair Lending Compliance: Government's Recent Enforcement Actions Reflect Expansive View of What Constitutes Lending Discrimination
Arnold & Porter Webcast
Arnold & Porter Explains First DOJ/CFPB Joint Redlining Settlement

The Columbia Law School Blog on Corporations and Capital Markets

First DOJ/CFPB Joint Redlining Settlement Signals Major Changes for Fair Lending Enforcement
Arnold & Porter Advisory
More

Recognition

Chambers USA: America's Leading Lawyers for Business 2012-2015 for Litigation: White-Collar Crime & Government Investigations (DC)

Washington, DC Super Lawyers 2014-2016 for Criminal Defense: White Collar and General Litigation
Washingtonian's "Top Lawyers" 2013-2015 for Criminal Defense: White Collar
More

Credentials

Education
  • JD, Emory University School of Law, 1989, with distinction
  • BA, University of South Carolina, 1986
Admissions
  • District of Columbia
Government and Military Service
  • Deputy Chief of the Criminal Division, US Attorney's Office, District of Columbia
  • Acting Chief of the National Security Section, US Attorney's Office, District of Columbia
  • Trial Attorney, Public Integrity Section, US Department of Justice
  • Counsel, US Senate Committee on the Judiciary
Activities
  • President, Assistant US Attorneys Association of the District of Columbia, 2012-2013

  • Edward Bennett Williams Inn of Court

  • Fellow, Trial Lawyer Honorary Society, Litigation Counsel of America

  • Editorial Board, Emory Law Journal

  • Faculty, Harvard Law School Trial Advocacy Workshop

  • Board, DC Circuit Historical Society

  • Dean’s Advisory Board, Emory University School of Law

Overview

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