The Department Of Justice's Practice Of Deferred Prosecution Agreements

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The Department of Justice’s Practice of Deferred Prosecution Agreements and Non-Prosecution Agreements for Enforcing Corporate Corruption There are many corporate organizations that have expanded their business opportunities outside of the U.S. Consequently, these global organizations are required to conform to The Foreign Corrupt Practices Act of 1977 (FCPA). Under the FCPA, anti-bribery and accounting provisions exist for companies to identify unlawful acts and comply with requirements by maintaining accurate records of transactions and implementing internal controls. (DoJ, 2015a, FCPA: An Overview section, para. 2-3). The Department of Justice (DoJ) has increased their enforcement effort significantly with FCPA cases. Since 2010,…show more content…
Presumably because it would be more advantageous for organizations to come to an agreement vice risking a chance of having been found guilty in trial, which could result in a stiffer penalty. According to Brooks (2010), DPAs and NPAs allow prosecutors to waive a trial as long as a settlement is made that serves to punish, deter, and rehabilitate a defendant. (Functionality of DPAs and NPAs section, para. 1). But before any further validity can be made it is important to also dispel some concerns with DoJ’s frequent use of the agreements. There has been suggestions that the recurrent use of DPAs and NPAs shows laziness on the part of the DoJ and also functions as a source of cash flow for the government. First, laziness is an inaccurate perception from those that are not familiar with the dynamics of these cases. Anti-corruption investigations are complex and extensive in nature (S. Lynch, personal communication, February 11, 2015). Prosecutors must also ensure that the proof beyond a reasonable doubt is met. Richman (2014) found that the use of these agreements are alternative resolutions prosecutors have practiced rather than taking the risk of organization escaping criminal liability altogether (p. 227). Therefore, the use of these agreements is effective in theory. The other assumption – cash flow for the government, can either be
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