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Corporate Crime: DoJ Has Taken Steps to Better Track Its Use of Deferred and Non-Prosecution Agreements, but Should Evaluate Effectiveness
Eileen R. Larence (au)
Recent cases of corporate fraud and mismanagement heighten the Dept. of Justice’s (DoJ) need to appropriately punish and deter corporate crime. Recently, DoJ has made more use of deferred prosecution and non-prosecution agreements (DPAs and NPAs), in which prosecutors may require company reform, among other things, in exchange for deferring prosecution. This report discusses: (1) the extent to which DoJ has used DPAs and NPAs to address corporate misconduct and tracks use of these agreements; (2) the extent to which DoJ measures the effectiveness of DPAs and NPAs; and (3) the role of the court in the DPA and NPA process. The report examined 152 DPAs and NPAs negotiated from 1993 through Sept. 2009. Illustrations.
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