[PDF] U.S. Department of Justice Criminal Division December 18 2012

How do prosecutors get a non-prosecution agreement?

Before seeking a non-prosecution agreement, prosecutors will attempt to use three other ways to get the necessary information: Try to Convict the Person With a Minor Role – If possible and if time permits, prosecutors will attempt to get a criminal conviction for the person from whom they need testimony.

What is the difference between a DPA and a non-prosecution agreement?

Some DPAs include the appointment of an independent monitor to oversee the agreement and ensure compliance with the terms. A non-prosecution agreement is a legally binding agreement between prosecutors and corporate or individual defendants subject to a criminal (or civil enforcement) investigation.

Will the DOJ criminally prosecute no-poach agreements?

The Antitrust Agencies first took the position that the DOJ would criminally prosecute no-poach agreements in 2016, when the Agencies issued joint guidance – Antitrust Guidance for Human Resource Professionals – regarding the application of federal antitrust laws to hiring practices and certain employment agreements.

Will a non-political prosecutor change DOJ history?

"A real, non-political prosecutor can create an atmosphere where decisions are made for the right reasons and nobody doubts it," Cummins told the Washington Examiner. "But DOJ history since at least 2016 has been hyper-partisan and they simply have no credibility. Special counsel won’t change that. May make it worse."