www.charlesjeromeware.com. The national premiere criminal defense law firm of Charles Jerome Ware, P.A., Attorneys & Counselors, is conveniently headquartered in the Baltimore- Washington metropolitan area, in Columbia, Howard County, Maryland. For an initial courtesy consultation, contact us at (410) 730-5016 or (410) 720-6129.
In sum, a deferred prosecution agreement (DPA) is a voluntary alternative to adjudication (trial)
in which the prosecutor in a federal criminal case agrees to grant a form of "amnesty" to the defendant in exchange for the defendant's specific cooperation ( agreeing to fulfill certain requirements) [ U.S. Attorneys' Manual, Section 9-28.1000 (2008), Collateral Consequences,http://www.justice.gov/usao, and Section 9-16.325 (2008),Plea Agreements, Deferred Prosecution Agreements, Non-Prosecution Agreements and " Extraordinary Restitution"].
The DPA is very similar to the non-prosecution agreement (NPA) [ Lauren Giudice, " Regulating Corruption", Boston University Law Review, Vol. 91, pages 347,361 (2011) ] . It should be noted that DPAs are normally filed with the court, whereas NPAs are not.
For instance, a case of corporate fraud might be settled by means of a deferred-prosecution agreement in which the defendant agrees to pay fines, implement corporate reforms, and fully cooperate with the investigation. Fulfillment by the corporate defendant of the specified requirements will then result in a dismissal of the charges against it/him/her.
Since 199 the U.S. Department of Justice (DOJ) has set forth guidelines concerning the prosecution of business organizations and corporations. The U.S. Attorneys' Manual (USAM) of the DOF allows consideration of non-prosecution or deferred prosecution of corporate criminal offenses because of collateral consequences and discusses plea agreements, deferred prosecution agreements, and non-prosecution agreements in general.
No comments:
Post a Comment