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Expert Analysis

DC Circ. May Sidestep Clarifying A Judge's Role In DPAs

Law360, New York (September 14, 2015, 12:53 PM EDT) -- A panel of the District of Columbia Circuit skeptically questioned the government on Friday, Sept. 11, about its challenge to a district court's statutory and constitutional authority to reject a deferred prosecution agreement (DPA). During the oral argument of U.S. v. Fokker Services BV, Judges Sri Srinivasan, Lawrence Silberman and David Sentelle, pressed the government to delineate the conditions under which a district court would be able to reject a DPA as authorized by the statute....

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