International White Collar Crime and Deferred Prosecution Agreements
Deferred prosecution agreements (“DPAs”) are negotiated settlements of criminal investigations entered into between the government and the investigated entity. Typically, such agreements require an entity to admit wrongdoing, pay a substantial fine, and engage in remedial measures. If an entity succeeds in satisfying the requirements of a DPA, the government agrees to dismiss any criminal charges that have been filed against the entity related to the matter. While distinct from traditional plea bargaining because the defendant corporation does not enter a plea of guilty before a court, there is much overlap between these two types of negotiated settlement, including the incentive structure to give up one's right to be proven guilty before a jury.
Below is the article's full abstract. A free copy of the article is available for download by clicking here.