1. Cartel Leads/Informants: Experiences, Challenges and Difficulties
Michael N. Loterstein
Trial Attorney
Chicago Office
U.S. Dept. of Justice, Antitrust Division**
**The views expressed are not purported to reflect those of the U.S. Department of Justice

2. Individual Leniency Requirements
At the time the individual comes forward to report the illegal activity, the Division has not received information about the illegal activity being reported from any other source;
The individual reports the wrongdoing with candor and completeness and provides full, continuing and complete cooperation to the Division throughout the investigation; and
The individual did not coerce another party to participate in the illegal activity and clearly was not the leader in, or originator of, the activity.

3. Individual Leniency
No Individual Leniency if the corporation has already attempted to qualify for Corporate Leniency
Even if individual does not qualify for Individual Leniency, could still receive other forms of immunity
Individual Leniency applicant has certain cooperation obligations, including producing documents and materials, participating in interviews, providing testimony

4. Cooperating Witnesses
Who?
Active conspiracy participants
Victims
Complainants
A cooperating witness is not the same things as a “confidential informant”

5. Cooperating Witnesses
When?
During covert investigative stage
Recording conversations, sending s, providing documents, etc.
After going overt
Trial

6. Cooperating Witnesses
Considerations and Challenges
Cooperator Issues
Background of the Cooperator
Motivation of the Cooperator
Reluctant Cooperator
Working with the Cooperator
Who interacts with Cooperator?
What information do you share?
Working with unrepresented Cooperators