Deferred prosecution agreements in Washington are as common as cherry blossoms in spring. But in February, a federal judge refused to approve one between prosecutors and the Dutch aerospace company Fokker Services BV, and he was blunt in explaining why. The deal, he said, would “promote disrespect for the law.”
The proposed agreement between the U.S. Department of Justice and Fokker Services, designed to resolve claims that the company made illegal shipments to Iran, Sudan and Burma, was “grossly disproportionate to the gravity of Fokker Services’ conduct in a post-9/11 world,” wrote U.S. District Judge Richard Leon in a 13-page opinion.
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