As the British government prepares to introduce deferred-prosecution agreements as a new enforcement tool to fight corporate bribery and corruption, some serious questions over the effectiveness of such agreements are emerging here in the United States.
In recent years, the Department of Justice has used deferred-prosecution and non-prosecution agreements with increasing frequency to secure settlements with companies across a wide range of industries for various offenses. According to analysis conducted by law firm Gibson Dunn & Crutcher, the Justice Department entered 35 agreements—19 DPAs and 16 NPAs—in 2012. That total marks the second highest level since 2010, when the Justice Department ...