Report: Feds Still Eager to Use Prosecution Agreements, Monitoring
A new report from Gibson, Dunn & Crutcher shows that NPAs and DPAs, as well as monitoring, are still popular tools for government prosecutors.
July 17, 2017 at 05:43 PM
14 minute read
Prosecution agreements appear to be the tool of choice for federal prosecutors going after corporations, and are likely to remain the favorite tool for years to come, according to a new report from Gibson, Dunn & Crutcher.
The “2017 Mid-Year Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs),” released last week, analyzed the use of these agreements, which is becoming increasingly global. As previously reported, Canada, France and Australia are considering such agreements; Scotland is considering enhancements; and the United States and United Kingdom already use them.
The midyear update said the U.S. Department of Justice has reached 10 corporate prosecution agreements so far in 2017. Of those, six were deferred prosecutions and four were nonprosecutions. The U.S. Securities and Exchange Commission, which occasionally employs them, has issued none in 2017.
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