DPAs/NPAs

How BizJet Convinced the Justice Department to Go Easy

Jaclyn Jaeger March 27, 2012

After aviation maintenance company BizJet uncovered potential Foreign Corrupt Practices Act violations, the company reacted swiftly, launching an internal investigation and notifying the Justice Department. The actions earned the company goodwill for "extraordinary cooperation," and a 30 percent reduction in its FCPA fines. More details inside.

Don't Enter Into Prosecution Agreements Lightly

Jaclyn Jaeger September 27, 2011

Companies may view deferred-prosecution and non-prosecution agreements as a common vehicle to put government investigations behind them, but several recent DPAs and NPAs—with a slew of restrictions and obligations attached—are reminders that such deals aren't easy. The key to success: a speedy internal investigation. "You have to get ahead of it," says Brian Baldrate of the law firm Gibson Dunn.

Lessons From SEC's First Deferred Prosecution Agreement

Jaclyn Jaeger June 21, 2011

Last month the SEC signed its first-ever deferred-prosecution agreement with a company. The intent of the SEC's DPA is "essentially to create incentives for corporate self-policing, self-reporting, and self-remediations," says John Sturc, partner at law firm Gibson, Dunn & Crutcher. But is self-disclosing your way into a DPA really worth the risk? Not everyone is sure.

Lessons From J&J's $70 Million FCPA Settlement

Arielle Bikard April 19, 2011

Earlier this month Johnson & Johnson settled a Foreign Corrupt Practices Act case with the Justice Department for $70 million. The company scored points for having an effective compliance program, but will now be required to audit its anti-corruption program. It's just the latest case in a crackdown on FCPA violations. Details inside.

SEC Gets Into the Non-Prosecution Agreement Act

Jaclyn Jaeger January 25, 2011

The SEC's use of its first non-prosecution agreement—entered into with retailer Carter's—is part of a broad effort to encourage greater cooperation from companies in investigations. Meanwhile, the Department of Justice's use of deferred- and non-prosecution agreements continues to hit record levels. Details inside.

Grindler Memo Adds 10th Principle on Monitors

Melissa Aguilar June 03, 2010

Federal prosecutors ought to be clearer about what help they can provide to companies having issues with corporate monitors assigned to them as part of settlements with the Department of Justice.That's the gist of new internal DoJ guidance, detailed in a May 25 Memo written by Acting Deputy Attorney General...

GAO Recommends Measures to Assess DPA, NPA

Melissa Aguilar January 19, 2010

As Congressional scrutiny of the government's use of deferred- and non-prosecution agreements continues, a new report offers suggestions about how to assess the effectiveness of those agreements.Deferred-prosecution and non-prosecution agreements, in which prosecutors require corporate reforms—among other things—in exchange for deferring or declining prosecution, have been in the spotlight since the...

New Cooperation Tools, an Enforcement Game Changer

Melissa Aguilar January 14, 2010

Forging ahead with the revamp of its Enforcement Division, the Securities and Exchange Commission unveiled new tools to incentivize individuals and companies to cooperate with the enforcement staff during investigations, including deferred- and non-prosecution agreements and a so-called Seaboard Memo for individuals.For the first time, the SEC set out in...

More on Corporate Monitors

Melissa Aguilar December 01, 2009

In its latest report on the use of corporate monitors, a government watchdog agency says that companies with concerns about those monitors should get better information from the Department of Justice on how the agency may be able to help resolve those issues.That was the conclusion of a November Government...

Alert: Differences in DPAs and NPAs Narrowing?

Melissa Aguilar July 09, 2009

While companies looking to settle allegations of criminal wrongdoing may typically consider securing a non-prosecution agreement a far better deal than getting a deferred prosecution agreement, a recent analysis suggests that the differences between the two may be narrowing, lessening the advantages of one over the other.That's according to a...

Despite FCPA Enforcement Surge, Cos. Not Vetting Partners

Melissa Aguilar November 06, 2008

Despite the onslaught of anti-bribery and anti-corruption enforcement actions, it appears that some companies may not be taking recent warnings to “know thy customer” to heart just yet.Most multinational U.S. companies have programs in place to meet Foreign Corrupt Practices Act guidelines. However, they still may not know enough about...

Compliance Week Podcasts ...

Every week we chat with leading thinkers in compliance, auditing, risk management, public policy and more. These short (10-15 minutes) interviews are free to all. Follow Compliance Week podcasts on iTunes.

Compliance Week LinkedIn Group

Compliance Week now has a companion group on LinkedIn, where members can network and discuss the compliance and governance news of the day. Open to all compliance professionals, free to join.

Survey of the Week

Deloitte is conducting their annual Look Before You Leap: Managing Risks in Global Investments survey to better understand the approaches companies are taking to address compliance and integrity-related risks in emerging markets.