Need to Know | Nuts-and-Bolts of The Toyota Deferred-Prosecution Agreement

From the Wall Street Journal‘s law blog (@WSJLaw and @jacobgershman), here is a good summary of the Highlights from Toyota’s Deferred Prosecution Agreement With Prosecutors.  Note that the agreement provides, as is common, for the appointment of an independent monitor, and the scope of the monitor’s review-authority seems quite broad.  (Perhaps the Government had in mind Apple’s […]


Confidentiality and Transparency in Deferred Prosecution Agreements

Here’s a note about.DOJ Transparency In Deferred Prosecution Agreements Professor Podgor argues: It is hard to believe that someone would have to file a lawsuit to obtain information about a non-prosecution agreement of a corporation.  One can understand the need to protect individuals from the sting of criminality when an agreement is reached to defer […]


Deferred Prosecution Agreements and the Individual

The first SEC deferred-prosecution agreement for an individual raises a couple of issues.  Here is the document itself:  SEC DPA With Herckis First, a reminder.  A “deferred prosecution agreement” is what its name implies.  It’s an agreement between a company (and now, an individual) that puts off — for good, hopefully — prosecution on the condition […]


Deferred Prosecutions and Decisions Not To Indict

Two recent articles in @Dealbook are worth noting because of their discussion of what goes into two very important parts of the American enforcement system: deferred prosecution agreements and a prosecutor’s decision to not indict. In For a Better Way to Prosecute Corporations, Look Overseas,  Brandon L. Garrett (a professor at University of Virginia School […]


Booze Beats Law: Subscribe to White Collar Wire

Please take a moment to subscribe to White Collar Wire’s email newsletter.  You’ll get notice of articles before anyone else in the Western world. Just look to the left where it says, very helpfully: Subscribe to our Newsletter Enter your email address and press the “Subscribe” button with the unnecessary exclamation point. If you are […]


The Freedom of Little Joe Cartwright: Tax Crime, Edgar Allan Poe, Noir Film and Lacrosse

Notes for the week. Prosecuting Individuals Federal criminal tax lawyer Jack Townsend blogs at Federal Tax Crimes.  Here is his note on Prosecuting Corporate Employees, particularly in the tax context: I have previously blogged on Professor Brandon Garrett (UVA Law) who have carved out an academic niche on how the Government deals with corporate crime, particularly […]


White-Collar Crime, DPAs and Repeat Business

The phenomenon of extending corporate deferred-prosecution agreements (or “DPAs”) continues, as here with medical device maker Biomet, and controversy inevitably ensues: Life was supposed to return to normal for Biomet, the giant medical devices manufacturer accused of foreign bribery, when its federal probation expired next week. But on Tuesday, Biomet disclosed that prosecutors would extend […]


Crime, Cocktails, Fiction and Scripture: blogs, links and sources on white-collar crime, cocktails, crime fiction and theology

We have recently updated and supplemented our “Blogs | Links | Sources” page here.  It might be the most useful page on the site, with multiple links to writers and journalists dealing with White Collar Wire’s primary afflictions: white collar crime, cocktails, crime fiction and theology. Blogs|Links|Sources White Collar Generally Walt Pavlo  — excellent source of […]


Internal Investigations, the KBR Decision and International Investigations

In a recent post, we touched on the importance of the D.C. Circuit’s decision in KBR concerning privilege and internal investigations: Post-recession, we are living through an era of regulators’ grimaces and prosecutors’ giddiness. Editorialists and bloggers want business scalps, especially scalps of individuals (as opposed to simple monetary fines for corporations), and most especially scalps […]


It’s Okay To Smell A Rat: Internal Investigations, Attorney-Client Privilege and the KBR Decision

Post-recession, we are living through an era of regulators’ grimaces and prosecutors’ giddiness. Editorialists and bloggers want business scalps, especially scalps of individuals (as opposed to simple monetary fines for corporations), and most especially scalps of those in banking and finance.  In the wake of the GM report and other stories about lawyers, the role […]