Deferred Prosecution Agreement

A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (NPA), is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements. A case of corporate fraud, for instance, 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 of the specified requirements will then result in dismissal of the charges.
Posts about Deferred Prosecution Agreement
  • Shell Oil Guilty of FCPA Foreign Bribery? (Whistleblower Award Post)

    … plausible. That all changed when the BBC and several anti-corruption activists disclosed several emails documenting the transactions. Now Shell admits that instead of paying the Nigerian government as claimed, much of the money went to Etete. Shell’s admission is critical because the company was already subject to a deferred prosecution agreement…

    Due Diligence- 16 readers -
  • French Whistleblowers Dissatisfied? File in the US! (Sapin II / FCPA)

    … France claims it waging war on corporate fraud. On November 16th, the country adopted the Law on Transparency, the Fight Against Corruption and Modernization of Economic Life (Sapin II). Some see the law more as a reaction to international pressure and less as a sign that France intends to crack down on corruption and bribery. In fact, despite…

    Due Diligence- 15 readers -
  • DOJ Investigating Standard Chartered – FCPA Whistleblower Post

    … for the bank. Standard Chartered is already the subject of a 2012 deferred prosecution agreement stemming from claims the bank violated Iranian sanction rules. The bank paid millions in fines for the earlier incident and agreed to commit no further crimes. Since then, the bank has told analysts that it has tripled spending on compliance. Ironically…

    Due Diligence- 32 readers -
  • US Contractors Tagged for Iraq, Afghanistan Reconstruction Fraud

    … Loretta Lynch Makes Good on Promise to Hold Corporate Executives Accountable (False Claims Act Post) The United States spends billions of dollars in the Middle East. While much of the money is spent on military spending, billions are also spent on reconstruction efforts. Much of that money has flowed into war torn Iraq and Afghanistan…

    Due Diligence- 33 readers -
  • More Swiss Banks Have Reach FATCA Deal with US

    … Cantonale du Jura, just like Reichmut, they assisted their US clients in hiding their assets from the IRS, even allowing them to register an account under a pseudonym. (Nominee accounts or shell companies with no legitimate business purpose are a huge red flag for the IRS.) A Safe Way to Disclose Your Offshore Assets If you have or had an account at one…

    Due Diligence- 35 readers -
  • Three More Swiss Banks Cooperate – FBAR Post

    … In the last few weeks several Swiss banks have agreed to cooperate with the U.S. Department of Justice and IRS over unreported foreign accounts. Swiss banks were given an ultimatum last year – cooperate or face criminal prosecution. Most Swiss banks took the threats seriously. UBS entered a deferred prosecution agreement in 2009 and paid fines…

    Due Diligence- 36 readers -
  • What Are the Risks Associated with Quiet Disclosures? FBAR Post

    … offshore accounts and the banks and bankers that helped them hide their assets. UBS was the first major prosecution of a bank culminating in a record $780 million fine and a deferred prosecution agreement. In the wake of UBS, the IRS has begun criminally charging individual taxpayers with having unreported accounts. Inevitably, when someone gets…

    Due Diligence- 19 readers -