Deferred Prosecution Agreements – Sir Anthony Hooper, Former Lord Justice of Appeal – Fulcrum Chambers

Posted January 29th, 2013 in bribery, company law, deferred prosecution agreements, negligence, news, penalties by sally

“Since the early 90s US prosecuting authorities have been using deferred prosecution agreements. They are said to raise about $2.5bn a year in penalties, often in respect of criminal activities with little connection to the US. A deferred prosecution agreements involves the filing in court of agreed charges against a corporation, subject to a condition that the charges will not be pursued if the corporation complies with the often stringent terms of the agreement for a specified period. Such terms will include the payment of substantial sums to reflect broadly the fine that would have been paid had the corporation pleaded guilty and to reflect the confiscation and compensation regimes. Corporations are likely also to have to agree to the appointment of a monitor to ensure their adherence to proper standards of behaviour.”

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Fulcrum Chambers, January 2013