Deferred Prosecution Agreements (“DPAs”) and Non-Prosecution Agreements (“NPAs”) are pre-trial diversion contracts entered into by the government—usually the Department of Justice—and a potential corporate defendant. Under the terms of a DPA, the government files criminal charges against a company, but holds prosecution of the charges in abeyance until the company satisfies the terms of the DPA. Unlike with DPAs, no charges are filed against companies that enter NPAs so long as they comply with specified sanctions. News and resources discussing efforts to change the manner in which DPAs and NPAs operate, along with several actual DPAs and NPAs, are provided below.

News and Resources

The Shadow Lengthens: The Continuing Threat of Regulation by Prosecution, James Copland & Isaac Gorodetski, Manhattan Institute for Policy Research, February 2014

Proposal Seeks More Oversight of Justice Department's Pre-Trial Diversion Agreements, Shana-Tara Regon, NACDL, Washington Legal Foundation, September 25, 2009

DPAs and NPAs

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