Deferred Prosecution Agreements Are Unfair To Individuals

Law360 (February 19, 2019, 2:53 PM EST) -- The recent publication of the terms of the deferred prosecution agreement entered into between the U.K. Serious Fraud Office and Tesco Stores Limited provides a glaring example of how a DPA can result in real injustice to individuals and how the statutory DPA regime fails to provide them with any remedy.

On Sept. 22, 2014, Tesco PLC announced that it had identified a £250 million overstatement of its expected profit for its half year to Aug. 23, 2014, principally due to the wrongly accelerated recognition of commercial income. There followed an investigation by the SFO which resulted in September 2016 in...

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