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 DOJ and OCC investigation of lending practices and BSA/AML program.
  • Korean oil refining company in criminal antitrust prosecution involving sale of fuel to the United States Forces Korea.
  • Companies in criminal antitrust investigations of alleged agreements not to compete for employees.
  • 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

Deskbook on Internal Investigations, Corporate Compliance, and White Collar Issues (2nd ed.)
Practising Law Institue
Department of Justice Sets Up Procurement Collusion Strike Force
Advisory
"A New Model for Incentivizing Antitrust Compliance Programs": Changes to DOJ Antitrust Enforcement
Advisory
Deskbook on Internal Investigations, Corporate Compliance and White Collar Issues (2nd Edition)
PLI Practising Law Institute
Recent Trends in Cartel Enforcement
Cartel Update, ABA Section of Antitrust Law Webinar
More

Recognition

Washington, DC Super Lawyers
Criminal Defense: White Collar, General Litigation (2014-2020)
Who's Who Legal
Investigations (2017-2019)
The Legal 500 US
Antitrust: Cartel (2015-2019)
Antitrust: Civil Litigation/Class Actions (2016, 2018)
White-Collar Criminal Defense (2014-2017)
More

Credentials

Education
  • JD, Emory University School of Law, 1989, with distinction
  • BA, University of South Carolina, 1986
Admissions
  • District of Columbia
Government & 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
  • Assistant US Attorney, 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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