Refusal Of Fokker DPA Provides 3 Lessons For Counsel

Law360, New York (March 3, 2015, 10:40 AM EST) -- The government's blessing is not the last hurdle to resolution of an international corruption investigation even when a company provides self-disclosure of its conduct. While not entirely discounting the defendant's voluntary self-disclosure and cooperation with the government, Judge Richard Leon of the United States District Court for the District of Columbia clearly expected greater sanctions to be imposed upon the defendant, including a larger fine and some sort of monitor. Declaring he is not "a rubber stamp," the judge denied the parties' joint consent motion for exclusion of time under the Speedy Trial Act and refused to approve a deferred prosecution agreement as drafted. United States v. Fokker Servs. BV, No. 14-cr-121, 2015 U.S. Dist. LEXIS 13941 (D.D.C. Feb. 5. 2015)....

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