White-Collar Crime

Deferred Prosecution Agreements in Decline? Enforcement Implications

Elkan Abramowitz and Jonathan Sack, New York Law Journal

January 5, 2016 | 0 Comments

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack address two recent developments that reflect a significant shift in attitude toward the role of deferred prosecution agreements. First, courts have subjected DPAs to increased scrutiny, in some cases casting doubt on the prosecutorial judgment that led the government to enter into the DPA. Second, in September 2015, the DOJ adopted new measures "to strengthen [its] pursuit of individual corporate wrongdoing."

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