Elkan Abramowitz and Jonathan Sack Congress Requires DOJ To Report on Deferred Prosecution Agreements
In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations; consider the National Defense Authorization Act's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making; and contrast the present reporting requirement with prior, judicial efforts to review the terms of DPAs.
July 08, 2021 at 12:30 PM
10 minute read
In the wake of the financial crisis of 2008, federal white-collar criminal enforcement came under fire. Much of the criticism was directed at prosecutors who were seen as going too easy on large financial institutions, and a principal target of critics was the corporate Deferred Prosecution Agreement (DPA). Under a DPA, the government files criminal charges, the company agrees to remediate wrongdoing (through financial payments and internal reforms), and the charges are ultimately dismissed.
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