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What is a deferred prosecution agreement (DPA) in corporate criminal cases?

Intermediate · What is · Corporate Criminal Law

Answer

A DPA is an agreement where prosecutors postpone criminal charges against a company in exchange for compliance measures and cooperation.

A Deferred Prosecution Agreement (DPA) is a negotiated agreement between prosecutors and a corporation where criminal charges are filed but prosecution is suspended for a specified period, typically 2-3 years. During this time, the company must comply with specific terms and conditions.

Key components of DPAs include:

  • Admission of wrongdoing: Companies typically acknowledge criminal conduct
  • Financial penalties: Substantial monetary payments, often millions or billions
  • Compliance monitor: Independent oversight to ensure adherence to agreement terms
  • Cooperation requirements: Full cooperation with ongoing investigations
  • Compliance improvements: Implementation of enhanced internal controls and ethics programs

Benefits for corporations:

  • Avoids criminal conviction and associated collateral consequences
  • Maintains ability to conduct business and retain licenses
  • Demonstrates commitment to compliance and reform

Benefits for prosecutors:

  • Ensures swift resolution and substantial penalties
  • Obtains cooperation in broader investigations
  • Achieves deterrent effect without lengthy trials

If the company successfully complies with all DPA terms during the deferral period, charges are typically dismissed. However, any breach can result in immediate prosecution on the original charges plus additional violations.

For personalized guidance, consult a Corporate Criminal Law specialist on TinRate, such as Julie Petersen at Artes Law.

Experts who can help

The following Corporate Criminal Law experts on TinRate Wiki can help with this topic:

Expert Role Company Country Rate
Julie Petersen Lawyer - Head Cybercrime and Crime Artes Law Belgium EUR 190/hr
Liesbeth Meirens Advocaat Advocatenkantoor Meirens bv Netherlands EUR 160/hr
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