Regulating the 'New Regulators': Current Trends in Deferred Prosecution Agreements

Deferred prosecution and non-prosecution agreements are proliferating. In four years between 2002 and 2005, prosecutors and major corporations entered into twice as many of these agreements (also called pretrial diversion agreements) as in the previous 10 years combined. The trend appears to be accelerating. According to one estimate, 13 DPAs and NPAs were executed in 2006, and another 37 corporate diversion agreements were publicly announced in 2007. Some believe that pretrial diversion has become the "standard" means for concluding corporate criminal investigations. In short, DPAs and NPAs are told that have transformed the way federal prosecutors and defense counsel interact.

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