[PDF] Private Equity CEO Enters into Non-prosecution Agreement on

Are deferred prosecution agreements (DPAs) and non-prosecution agreements too harsh?

Amongst the different types of cooperation agree- ments, prosecutors increasingly utilize deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) to bring delinquent cor- porations to justice. Commentators, however, have alternately criticized DPAs and NPAs as both being too harsh and too lenient on corporate offenders.

Are DPAs and NPAS as effective as fully prosecuted cases?

, it appears that DPAs and NPAs are as effective as fully prosecuted cases with regard to DBE fraud and similar corporate crimes. DPAs and NPAs achieve spe- cific deterrence in three ways. First, the often-hefty fine is a significant deterrent for defendants who are businesses or business people trying to make a profit in their operations. 116

Did a pre-trial settlement agreement resolve the charges against Allega?

79 A pre-trial settlement agreement, rather than a DPA or NPA, resolved the charges against Allega. The press release regarding the settlement agreement, unlike the NPA for Schia- vone, explicitly stated that “[t]he claims settled by this agreement are allegations only, and there has been no determination of liability.”

What is the difference between a pre-trial settlement and a DPA?

First, unlike pre- trial settlements, DPAs and NPAs often require the defendant corpora- tion to admit a certain degree of guilt in exchange for a lighter punish- ment, thus better achieving the retributive purposes of legal punishment.