☰ In this section

The Champion

January - February 2016 , Page 36 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

If You Give a Judge a Case: Judicial Oversight of Deferred Prosecution Agreements

By Jeffrey B. Coopersmith and Ashley L. Vulin

The government has been conducting a criminal investigation of a corporate client, with an indictment seemingly imminent. After an extensive investigation and prolonged negotiations, a potential way out appears: the government says it is willing to enter into a deferred prosecution agreement (DPA) instead of demanding a guilty plea or proceeding with an indictment. While far from an ideal outcome, such an agreement would benefit the client by avoiding certain collateral consequences as well as the high costs and risks of criminal litigation. The government is pleased with this outcome because it is able to issue a press release showing that it is tough on corporate criminal conduct and announce a large fine and perhaps restitution. The defense attorney works through the details of the agreement and settles on a monitoring period, compliance protocols, and a fine that the client can tolerate. It is bad, but it could be worse. 

As the document is signed and filed, defense counsel looks a

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us

In This Section

Advertisement Advertise with Us