Media Mentions
2011
“Ex-Diebold CFOs Eye Janus Defense in SEC Fraud Case”
Law360, August 19, 2011
Steven Scholes, on behalf of one of two former CFOs of Diebold Inc., asked an Ohio federal judge to allow use of the U.S. Supreme Court ruling in Janus Capital Group v. First Derivative Traders in objecting to a recommendation that federal fraud claims against the CFOs be allowed to stand. Mr. Scholes asserted that “Janus requires the court to dismiss all of the 10(b)5 and Section 17(a) fraud allegations,” which would gut the SEC’s fraud case. Serving on the McDermott team with Mr. Scholes are William Schuman, Jocelyn Francoeur and John Kocoras.
Jocelyn D. Francoeur, John C. Kocoras, Steven S. Scholes, William P. Schuman PC, Trial, White-Collar & Securities Defense
“Roger Clemens to Hit Back Against Perjury Charges”
Reuters, June 30, 2011
John Kocoras, as a former federal prosecutor, expressed the opinion that government prosecution of former star pitcher Roger Clemens for lying to Congress about alleged steroid use will face the same issues as a similar perjury prosecution of baseball great Barry Bonds. “I do think the prosecutors have, as they had in the Bonds case, a difficult challenge in convincing the jury that this trial is an appropriate use of substantial government resources,” Mr. Kocoras said, especially since the case rests on one key witness: “If the jury isn’t sold on that person’s credibility, they greet the rest of the evidence with skepticism.”
John C. Kocoras, White-Collar & Securities Defense
“One Defendant, Two Main Characters at Terrorism Trial in Chicago”
Chicago Tribune, June 6, 2011
John Kocoras, speaking of coded emails sent by an alleged planner of the Mumbai terrorist attacks who is now on trial for terrorism, observed that “there would be no reason to communicate in code unless there was something to conceal.” As Mr. Kocoras, a former prosecutor, noted, “The evidence of a cover-up can often be as powerful as evidence of an underlying crime.”
John C. Kocoras, White-Collar & Securities Defense
“Mumbai Conspirator Takes Stand in Terror Trial”
Associated Press, May 23, 2011
John Kocoras, assessing a terrorism trial in Chicago, said he did not “anticipate that the prosecutors will delve into deeper geopolitical issues” involving India and Pakistan in the testimony of a Pakistani-American who pled guilty to aiding the Mumbai terrorist attacks. As a former terrorism trial prosecutor, he noted that the prosecution generally approaches such concerns “in a formulaic way without overly appealing to emotion.”
John C. Kocoras, White-Collar & Securities Defense
“Spotlight on Terror Web”
The Daily, May 16, 2011
John Kocoras, commenting on 9/11-related arguments raised by lawyers defending a Chicago businessman on trial for aiding the Mumbai terror attacks, asserted that, “the prosecution is focused on proving elements in criminal charges and not responding to an agenda a defense attorney might try to set to distract a jury from those elements.” Mr. Kocoras said it is “significant” and “remarkable” that another person who pled guilty to the same charges is testifying for the government in the case.
John C. Kocoras, White-Collar & Securities Defense
“Chicago Businessman’s Terror Trial Begins”
Chicago Tribune, May 16, 2011
John Kocoras, who has previously prosecuted terrorism cases as a federal prosecutor, noted the major resources being devoted to the federal trial of a Chicago businessman accused of aiding the 2008 Mumbai terrorist attacks, “even though prosecutors don’t allege that the U.S. was specifically a target.” Mr. Kocoras stated that such a substantial effort, “shows U.S. commitment to stomping out terrorist activity.”
John C. Kocoras, White-Collar & Securities Defense
“Mumbai Attack Trial in Chicago May Touch on Pakistan-Based Terror Groups”
Bloomberg Businessweek, May 15, 2011
John Kocoras, a former federal prosecutor, observed that the trial of an American alleged to have helped plan the 2008 Mumbai terrorist attacks “is a little different that other terror trials we have seen” because “the alleged targets of the terror plots were not specifically U.S. citizens, although Americans were killed in the Mumbai attacks.” Mr. Kocoras noted that the testimony of a co-conspirator who has already pled guilty “raises challenges for the defense.”
John C. Kocoras, White-Collar & Securities Defense
“Trustmark, Hancock Must Resume Arbitration: 7th Circ.”
Law360, January 31, 2001
John Kocoras was noted as representing John Hancock Life Insurance Co. in arbitration of an insurance dispute with Trustmark Insurance Co. The Seventh Circuit has ruled that the arbitration should proceed despite Trustmark’s objection to John Hancock’s choice of an arbiter, a ruling that overturns a district court’s halt to the proceeding.
John C. Kocoras, Trial, White-Collar & Securities Defense
2010
"Take Five: Preparing Boards for the UK Bribery Act"
Corporate Board Member, September 30, 2010
John Kocoras was interviewed about the UK's new Bribery Act. Under the Act, he said, "companies operating in the UK may be held liable in the UK for bribes paid by employees or agents outside the UK unless the company had in place 'adequate' procedures to prevent bribery." Mr. Kocoras advised chief compliance officers to communicate with their boards about whether company anti-corruption practices conform to the Act. "Conformance will likely involve moderate adjustments to existing anti-corruption policies and procedures designed to comply with the U.S.'s Foreign Corrupt Practices Act," he stated, adding that boards will be challenged to ask, "[I]s the message getting across not only to senior leadership but to the sales staff out in the field in all corners of the world, and is middle management reinforcing the anti-corruption message?"
John C. Kocoras, Trial, White-Collar & Securities Defense
2009
John Kocoras was mentioned in Chicago Lawyer’s “Firm Life” column (August 4) for joining McDermott’s white collar and criminal defense practice.
John C. Kocoras, Trial, White-Collar & Securities Defense
John Kocoras was cited in both Crain’s Chicago Business (June 18) and the National Law Journal (June 29) for having joined McDermott’s Trial Department as a partner in the Chicago office. Mr. Kocoras, formerly a managing director and regional counsel at risk consultancy Kroll, Inc., will focus on internal investigations and white-collar criminal defense.
John C. Kocoras, Trial, White-Collar & Securities Defense
John Kocoras was profiled in a lengthy June 15 interview by Corporate Crime Reporter. A former prosecutor with the U.S. Attorney’s office in Chicago and now a member of the Firm’s white-collar defense practice, Mr. Kocoras observed that “the government has tremendous resources at its disposal to investigate companies. And those resources appear to be growing in international cases, because cooperation seems to be improving with other countries. That increased cooperation has been an factor in the increase in Foreign Corrupt Practices Act cases that the Department of Justice is bringing.” Mr. Kocoras added that he joined McDermott because of his regard for “the talent level of the professionals here. They have a tremendous amount of experience. And they approach each case in a practical and intelligent manner.”
