• 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…

  • 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…