[PDF] Non Prosecution Agreement Non Prosecution Agreement. 1. Stryker

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

What happens if a DPA case goes to trial?

Should such a case proceed to trial, the government, “armed with the company’s admission and all the evidence obtained from its corporation [from the DPA or NPA], mak[es] conviction virtually a foregone conclusion.” 119

Is it possible to prosecute a corporation?

Second, prosecuting corporations via trial is often difficult and time consuming, and there is no guarantee that the government will secure a victory against a corporation deserving punishment. Corporate crimes are often low visibility and are thus hard to detect. As such, they are difficult for prosecutors to gather sufficient evidence for a