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Corporate Crime: Prosecutors Adhered to Guidance in Selecting Monitors for Deferred Prosecution and Non-Prosecution Agreements, but DoJ Could Better Communicate Its Role in Resolving Conflicts
Eileen R. Larence (au)
Recent cases of corp. fraud and mismanagement 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, 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 addresses: (1) the extent to which prosecutors adhered to DoJ’s monitor selection guidelines; (2) the prior work experience of monitors and co. opinions of this experience; and (3) the extent to which co. raised concerns about their monitors, and whether DoJ had defined its role in resolving these concerns.
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