James Tillen's remarks regarding the Department of Justice (DOJ) Yates Memo at the International Bar Association's Annual Conference in Vienna were quoted in Global Investigations Review. In September, the DOJ leaked the internal memo, which told prosecutors they must hand over all relevant information about individual misconduct in order to qualify for cooperation credit. According to the memo, prosecutors are required to provide a written explanation to their supervisors every time they decide against prosecuting an individual. "That may have a perverse result of making a prosecutor more likely to indict," Tillen said. "It's actually easier to indict an individual than write that declination memo because when you indict you may get lucky; that guy may not want to fight and plead [guilty]. But should that person have been prosecuted in the first-place?"