The Stolt-Nielsen antitrust case opened the widest window yet into the secret wheeling and dealing that goes on between the U.S. Department of Justice and a corporation seeking amnesty. This opening occurred when both sides allowed their lawyers — John Nannes for Stolt and Deputy Assistant Attorney General James Griffin for the government — to testify in open court about how they reached the agreement.

The Corporate Leniency Program, begun in 1978 and revised in 1993, works differently than other Justice Department deals that offer deferred and nonprosecution agreements. In the others, the investigation comes first and the deal at the end. In the amnesty program, since 1993, Justice first grants a conditional amnesty from all prosecution and fines, and the investigation follows.

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