DOJ Corporate Plea Deals Face Increased Judicial Resistance

Law360 (January 8, 2020, 3:53 PM EST) -- There is an emerging threat to corporate settlements with the U.S. Department of Justice: federal judges rejecting the sentence agreed to by the parties in heavily negotiated, binding plea agreements. Such pleas — commonly known as C pleas — are a critical mechanism for resolving a federal criminal investigation into corporate misconduct. The possibility that such complex resolutions may be derailed by a court is a critical obstacle for defense counsel to anticipate and navigate.

This is exactly what happened to Aegerion Pharmaceuticals Inc. The DOJ investigation into the company began in late 2013, and a global resolution between the corporation,...

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