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Make It Go Away!

By Jeffrey T. Green

Your client company is a target of a criminal investigation. You've read in the news about “Deferred Prosecution Agreements” and you even pulled out your old Business Crimes Bulletin for an early article on the topic (“Make It Go Away,” March 2003). Can you get one for your client? What will it look like? What terms can you negotiate?

Such agreements are the “next big thing” in white-collar crime circles, and for good reason. They avoid a criminal conviction and its attendant consequences. Even if they do not avoid public disclosure, the press often reports them in favorable terms that will allow your client to portray them in the same way. In the course of the past year, corporations large and small have entered into deferred prosecution agreements with the Department of Justice and U.S. Attorney's offices. Examples are easily found on the Web and in legal databases. To date, these agreements have not yet become boilerplate (like the DOJ Antitrust Division's Amnesty Agreement) and they leave significant room for negotiation.

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