Deferred Prosecution Agreements in Decline? Enforcement Implications
January 6, 2016 | New York Law Journal
In recent years, the government has relied on deferred prosecution agreements, or DPAs, to resolve many investigations of companies, often without charges being filed against high-level employees. This has led to criticism of the Department of Justice. In this article, we discuss the recent Yates Memorandum, which sets out the Department of Justice’s new policy to hold more individuals responsible for corporate wrongdoing. We explain that the policy could have a significant impact on white-collar enforcement – and possibly lead to excesses associated with prior Department of Justice policies.
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