• Bribery,  Deferred Prosecution Agreements

    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 its probation another year as they investigate new evidence of wrongdoing at the company, the Justice Department’s latest attempt to stem a widening pattern of corporate recidivism. The Department of Justice, however, has been clear recently: “Make no mistake: The criminal division will not hesitate to tear up a D.P.A. or N.P.A. and file criminal…

  • Compliance

    ABA White-Collar Crime Committee Winter/Spring 2014 Newsletter

    Here’s the ABA White-Collar Crime Committee Winter Spring 2014 Newsletter.         Good articles on: INTERNATIONAL WHITE COLLAR CRIME AND DEFERRED PROSECUTION AGREEMENTS CORPORATE COMPLIANCE PROGRAMS IN THE UNITED STATES AND IN ITALY: ARE THEY THE SAME? GIVE ME BACK MY BOOKS AND RECORDS: APPLICATION OF RULE 41(G) IN RESPONSE TO FEDERAL SEARCH AND SEIZURE WARRANTS HOT ISSUES IN CIVIL ASSET FORFEITURES THE BOARD’S ROLE IN ANTI-CORRUPTION COMPLIANCE: GUARDIAN AND GUIDE SEC ARGUES FOR BROAD CONSTRUCTION OF DODD-FRANK ACT WHISTLEBLOWER ANTI-RETALIATION PROVISION DOES THE GREEN LIGHT MEAN GO?: WILL SEC’S NEW RULES FOR SMALL OFFERINGS INCREASE STATE ENFORCEMENT ACTIONS? NEW PROPOSED RULES INCREASE GOVERNMENT CONTRACTORS’ RESPONSIBILITIES FOR PREVENTING HUMAN…

  • Deferred Prosecution Agreements

    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 recent battles with its monitor). Here is a copy of the Toyota deferred prosecution agreement. For further reading about the benefits and burdens of DPAs, we’ve discussed them before: White Collar Wire on deferred prosecution agreements

  • Deferred Prosecution Agreements

    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 a prosecution or when an individual is being spared a prosecution as an alternative method to rehabilitate that individual.  But corporations are not afforded the same rights as individuals. The government is quick to note that corporations do not have the same rights as individuals when they are trying to obtain corporate documents.  Fair enough, and…

  • Deferred Prosecution Agreements

    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 that the defendant/respondent complete a certain course of action laid out in the agreement (for example, hiring an independent corporate monitor or auditor who will report to the government). Second, there is guidance on DPAs in the United States Attorney’s Manual.  Review the 2010 Grindler Memorandum, which is an amendment to the 2008 Morford Memorandum.  The Morford…

  • Compliance,  Evidence

    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 of Law) and David Zaring (an assistant professor of legal studies at the Wharton School of the University of Pennsylvania) discuss the spread abroad of an American idea — the deferred prosecution agreement: The favored new tool of the corporate prosecutor, the deferred prosecution agreement, is being actively exported to other countries. In these agreements,…