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Corporate Crime: Preliminary Observations on DoJís Use and Oversight of Deferred Prosecution and Non-Prosecution Agreements: Congressional Testimony
Eileen R. Larence (au)
Recent cases of corp. fraud and mis-management heighten the Dept. of Justice's (DoJ) need to appropriately punish and deter corp. crime. Recently, DoJ has made more use of deferred prosecution and non-prosecution agreements (DPAs and NPAs), in which prosecutors may require co. reform, among other things, in exchange for deferring prosecution, and may also require co. to hire an independent monitor to oversee compliance. This testimony provides observations on: (1) factors DoJ considers when deciding whether to enter into a DPA or NPA and setting the terms of the agreements; (2) methods DoJ uses to oversee co. compliance; (3) processes by which monitors are selected; and (4) co. perspectives re: the costs and role of the monitor.
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