Deferred Prosecution Agreements in the Financial Services Industry: Trends and Tips

In the last decade or so, deferred prosecution agreements (DPAs) have become the preferred method for resolving government investigations of companies — from both the prosecution and defense perspectives. For the government, such agreements avoid the expense of trial and usually require the defendant to implement remedial measures to address the problems identified in the investigation. Companies avoid indictment and prosecution, generally earn immunity for the problematic conduct identified by the government, and ideally come out with enhanced compliance measures in place.