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
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