July 31, 2013
A deferred prosecution agreement (“DPA”) has become a common means of resolving a federal criminal investigation of a company. Under a DPA, criminal charges against the company are filed in court, but prosecution of the case is deferred, while the company takes remedial measures agreed upon with the prosecutor. Everyone expects the charges to be dismissed down the road. Until recently, federal courts have approved these deals with little or no scrutiny. [...]