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Stephen Gillers, a professor of legal ethics at New York University Law School, said the state's professional conduct provision, known as Rule 3.6, would apply "if the prosecutors' cooperation with CBS made the episode possible, even if they did not personally say anything prejudicial on camera" and "if Hynes's office gave CBS prejudicial information that it then broadcast".
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Another person whose cooperation prosecutors may be seeking is Magliocchetti's son, Mark Magliocchetti.
"He neither pled promptly nor provided complete and honest cooperation," prosecutors wrote Tuesday.
No sentencing date has been set, and depending on Gore's cooperation, prosecutors might seek to further reduce his sentence.
Downing also emphasized that if they are satisfied with Gates's cooperation, prosecutors will not object to his lawyer's request for a probationary sentence.
The memo's directive to prosecutors to deny "cooperation credit" to corporations that fail to disclose individual-level violations may turn out to be more bark than bite, although corporate defendants certainly cannot count on that.
Ms. O'Brien asserted her Fifth Amendment privilege against self-incrimination at a House subcommittee investigating MF Global's collapse, but The Wall Street Journal reports that her lawyers are discussing with prosecutors her possible cooperation in the investigation.
Under federal law, Mr. Janiszewski could serve as much as 20 years in prison, but because of his cooperation, prosecutors are recommending a sentence of 33 to 41 months.
Lacking her cooperation, prosecutors decided to drop the case and the indictment was dismissed on April 30, according to an order signed by Judge Phillip L. Paley of the Superior Court of New Jersey in Middlesex County.
Although the Unites States attorney's office does not have tape recordings of Mr. Schussler, prosecutors have the cooperation of three men who they say were Mr. Schussler's top lieutenants in the scheme, which lasted for 35 years.
New York prosecutors detailed the cooperation of Hector Xavier Monsegur for the first time in court papers while asking a judge to reward him with leniency at his sentencing on Tuesday.
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