A Close Look At Deferred Prosecution Agreements: US Vs. UK

By Robert Amaee (October 6, 2017, 4:23 PM EDT) -- Deferred prosecution agreements have been extensively used for well over a decade by prosecutors in the United States to reach settlements with companies and individuals accused of involvement in white collar crime. The list of top 10 highest Foreign Corrupt Practices Act fines of all time is in fact populated entirely by companies that have chosen to enter into DPAs or plea agreements with the U.S. government, rather than contesting the allegations. In 2014, the United Kingdom introduced its own version of DPAs, modeled on the U.S. system, but different in a number of significant respects. U.K. DPAs, unlike the U.S. version, are available only to corporate suspects and only for a limited number of proscribed offenses. Their use is governed by a DPA Code of Practice ("DPA Code") and crucially, unlike in the U.S., the U.K. judiciary has a statutory obligation to oversee the progress of DPA negotiations between the company and the prosecutor from an early stage through to its final approval and eventual discharge....

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