Professional Biography
Image of J. Cabou

Jean-Jacques (J) Cabou Partner

Firmwide Co-Chair, White Collar & Investigations Practice

  • Phoenix

    D +1.602.351.8003

    F +1.602.648.7003

    Phoenix

    2901 N. Central Avenue, Suite 2000

    Phoenix, AZ 85012-2788

    +1.602.351.8003

    JCabou@perkinscoie.com

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Overview

Experience

Government Investigations and Criminal Trial Defense

  • Lead counsel on behalf of a public company in an investigation under the Clean Water Act involving discharge of pollutants to waters of the United States. Investigation was closed without charges or action against the company.
  • Lead counsel on behalf of a petroleum storage company in defense of criminal charges brought following a fuel spill into waters of the United States. Charges were dismissed and the matter was resolved civilly.
  • Lead counsel in a multiyear prosecution by the DOJ National Security Division involving the Classified Information Procedures Act and alleged violations of the Arms Export Control Act. Indictment was dismissed with prejudice after court ordered disclosure of exculpatory classified information that the Government had long withheld. Case resulted in multiple reported decisions regarding classified information discovery and the state secrets privilege. United States v. Turi,143 F.Supp.3d 916 (D. Ariz. Oct. 2, 2015); United States v. Turi, 103 F.Supp.3d 1068 (D. Ariz Jun. 16, 2015).
  • Lead counsel on behalf of a CEO charged in parallel actions by the Securities and Exchange Commission and the Department of Justice with securities and wire fraud.
  • Lead counsel in defense of a licensed money transmission company in a money laundering investigation by the Southern District of New York. Investigation was closed without charges.
  • Lead counsel on behalf of a large governmental insurance entity in responding to ongoing parallel criminal and regulatory investigations into its business and financial practices. Investigation was closed without charges.
  • Successfully defended a public official from allegations of sexual misconduct brought during the final weeks of his campaign for office. Prosecution declined to file charges and client won his election.
  • Led the briefing and argument on behalf of the Arizona Independent Redistricting Commission in an investigation by the Arizona Attorney General’s Office into the Commission’s open meeting law practices. Judge declared the investigation to be unconstitutional and entered summary judgment on all counts in favor of the Commission.
  • Led the defense of an individual against civil forfeiture and criminal racketeering charges relating to internet gambling. Alone among over a dozen other defendants, the client had his charges dismissed and his property returned following extensive trial and appellate court practice.
  • Represented a prominent law firm in responding to an investigation by a state Attorney General into its client services practices. Investigation was closed without further proceedings.
  • Lead counsel on behalf of multiple individual defendants in responding to investigations by the U.S. Department of Justice, the Securities and Exchange Commission, state attorneys general and other state prosecutors and regulatory agencies.

Selected Appellate Experience

  • Lead counsel in a successful original jurisdiction action at the Arizona Supreme Court affirming a charter city’s constitutional right to control its municipal-owned property. State ex rel. Brnovich v. City of Phoenix, 249 Ariz. 239, 241, 468 P.3d 1200, 1202 (2020)
  • Lead counsel in a successful original jurisdiction action at the Arizona Supreme Court affirming a charter city’s constitutional right to hold municipal elections free from interference by the State legislature.  State ex rel. Brnovich v. City of Tucson, 251 Ariz. 45, 484 P.3d 624, 625 (2021)
  • Lead counsel in successful appeals at the Arizona Supreme Court and Arizona Court of Appeals in federal constitutional challenge to Arizona’s constitutional restrictions on bail. Simpson v. Miller, 241 Ariz. 341, 345, 387 P.3d 1270, 1274 (2017)
  • Lead counsel before the United States Court of Appeals for the Fifth Circuit and the United States Supreme Court in United States v. Mohammad El-Mezain and Elashi v. United States (the Holy Land Foundation case) on behalf of the National Association of Criminal Defense Lawyers as amicus curiae. United States v. El-Mezain, 664 F.3d 467 (5th Cir. 2011).
  • Lead counsel in the United States Supreme Court for Stephen E. May in May v. Arizona.
  • Lead counsel before the Supreme Judicial Court of Massachusetts in challenge to procedures enacted in the wake of integrity failures at the Massachusetts State Crime Lab on behalf of the National Association of Criminal Defense Lawyers as amicus curiae. Bridgeman v. District Attorney for Suffolk Dist., 30 N.E.3d 806 (Mass. 2015).
  • Lead counsel before the Arizona Court of Appeals in challenging the unconstitutional felony conviction of a veteran police officer. The Court of Appeals vacated the conviction, holding that the trial judge deprived the officer of his constitutional right to present a defense. Arizona v. Aguilera, 1-CA-CR 09-0371, 2010 WL 2926574, (Ariz. Ct. App. Jul. 27, 2010).
  • Lead counsel before the Arizona Court of Appeals in overturning the prison sentence of former construction CEO who was wrongfully imprisoned on white-collar charges. The Arizona Court of Appeals vacated the sentence, and the client was freed from prison. State v. Townsend, 2012 WL 3306960 (Ariz. Ct. App. Aug. 14, 2002).
  • Lead counsel before the Arizona Supreme Court on behalf of LUCHA-AZ in a case defending the constitutionality of a voter-enacted initiative measure. Chamber of Commerce et al v. Hon. Kiley/State, et al.
  • Co-counsel before the Arizona Supreme Court on behalf of the League of Arizona Cities and Towns in challenge to the constitutionality of a law threatening the independence of cities and towns in Arizona.

Selected Internal Investigations

  • Led the internal investigation of a public resource extraction company into its compliance with environmental regulations.
  • Led the internal investigation and regulatory defense of a public manufacturing company regarding its compliance with environmental regulations.
  • Led the internal investigation of a police department into financial improprieties and official misconduct by the department’s chief, deputy chief, and command staff.
  • Led the internal investigation of an asset management and electronic controls company regarding a breach of its credit card data security.

Selected Civil Litigation Experience

  • Lead counsel for large agricultural company in defense of a suit challenging its right to operate its sole growing facility. Suit was dismissed with prejudice and opposing counsel was sanctioned for frivolous litigation.
  • Lead counsel in cross-border dispute and litigation with multimillion dollar Mexican agricultural exporter.
  • Lead litigation counsel on behalf of alternative energy company in arbitration over significant solar project.

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Bar and Court Admissions

  • Arizona
  • New York
  • U.S. Supreme Court
  • Supreme Court of Arizona
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the District of Colorado

Education

  • The University of Chicago Law School, J.D., 2003
  • University of Virginia, B.A., Government and Foreign Affairs, with high honors, Phi Beta Kappa, 1999

Languages

  • Spanish
  • French