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Use of Deferred Prosecution Agreements In White Collar Investigations

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

10 minute read August 01, 2021 at 12:03 AM
By
Elkan Abramowitz and Jonathan S. Sack
Use of Deferred Prosecution Agreements In White Collar Investigations

In the wake of the financial crisis of 2008, federal white-collar criminal enforcement came under fire. Much of the criticism was directed at prosecutors who were seen as going too easy on large financial institutions, and a principal target of critics was the corporate Deferred Prosecution Agreement (DPA).

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