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A Dip in Pace of DPAs, NPAs—for Now

Jaclyn Jaeger | August 6, 2013

Enforcement agencies have reached far fewer deferred-prosecution and non-prosecution agreements so far this year with corporate offenders compared to 2012's record pace. That doesn't mean, however, that the feds are any less keen on striking such deals.

Over the last few years, the Department of Justice and the Securities and Exchange Commission have increasingly used deferred prosecution or non-prosecution agreements to settle charges with companies that cooperate and promise to beef up related compliance systems. Indeed, prosecution agreements have become the main vehicle for the justice Department and the SEC to resolve charges ranging from bribing foreign officials to money laundering. And while the number of agreements has declined this year, lawyers say they are still the favored prosecution tool for enforcement agencies.

“DPAs and NPAs have certainly...

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