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Business Crimes BulletinFeaturesRegulationWhite Collar Crime

Victims' Rights In Corporate Deferred Prosecutions

By Elkan Abramowitz and Jonathan S. Sack
April 01, 2023

Deferred Prosecution Agreements (DPAs) have become a significant part of white-collar criminal practice. Pioneered in the United States, they are now authorized (with modifications) in the United Kingdom, France, Canada and elsewhere. DPAs have been accepted as a means of achieving corporate remediation and reform without causing the collateral harm of a guilty plea. This outlook is reflected in Department of Justice policy developed over many years, including recent policy statements and speeches.

But DPAs (and nonprosecution agreements, or NPAs) are not without controversy. These agreements have been attacked as too lenient, not forcing companies to be held accountable for illegal conduct. They are also seen as a way for prosecutors to appear tough on white-collar crime while not bringing charges against individuals.

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