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Do Non-Prosecution Agreements and Deferred Prosecution Agreements Deter?

This article was reprinted with permission from FCPA Professor As highlighted below, the DOJ recently acknowledged, despite prior definitive statements by former Assistant Attorney General Lanny Breuer to the contrary, that "measuring the impact of non-prosecution agreements (NPA) and deferred...

Seeing the Light from the “Dark Ages”

This article was reprinted with permission from FCPA Professor During the panel session on DOJ non-prosecution and deferred prosecution agreements last week at the Corporate Crime Reporter sponsored conference in Washington, D.C., I shared my belief that it seems like DOJ is clearly troubled...

The Positive Effects of DPAs and NPAs in FCPA Enforcement

One of the oft-made criticisms regarding the Department of Justice (DOJ) around its enforcement of the Foreign Corrupt Practices Act (FCPA) is that the use of Deferred Prosecution Agreements (DPAs) and Non-Prosecution Agreements (NPAs) somehow pervert the course of justice. Some of the criticisms include...

DPAs and NPAs – Powerful Tools in the Fight Against Corruption

As readers of this blog know the FCPA Professor and I usually look at the same Foreign Corrupt Practices Act (FCPA) enforcement action, item or remark and see different things. Sometimes we even hear the same thing and come away with different interpretations. Last week, we experienced yet another instance...

Assistant Attorney General Caldwell’s Unconvincing Defense Of DPAs / NPAs

This article was reprinted with permission from FCPA Professor As noted in this Global Investigations Review article, at a recent event in Paris in connection with the release of the OECD’s Foreign Bribery Report , Assistant Attorney General Lisa Caldwell defended the DOJ’s frequent use...

Three Cheers For Judge Rakoff

This article was reprinted with permission from FCPA Professor If you have not noticed by now, I admire Judge Jed Rakoff (S.D.N.Y.) (and not just because he looks like my Dad in a black robe). Judge Rakoff recently wrote a review of Professor Brandon Garrett’s book “Too Big To Fail”...

Firm Settles FCPA Claim With Non-Prosecution Agreement, VP Pleads Guilty

IAP Worldwide Services Inc., a Virginia based facilities management firm, entered into a non-prosecution agreement with the Department of Justice and agreed to pay a $7.1 million penalty to resolve FCPA charges. A vice president of the firm pleaded guilty to one count of conspiracy to violate the FCPA...