Deferred Prosecution Agreements

The topic was "Corporate Deferred Prosecution Agreements: Issues in Hybrid Enforcement," and the place was the Press Club in DC.  Last Friday afternoon, Steven A. Tyrrell, chief of the Fraud Division of the US Department of Justice, along with Stephanie Martz, Director of the White Collar Crime Project of the National Association of Criminal Defense Lawyers (NACDL), and I, talked about the benefits and problems of corporate deferred prosecution agreements.  As one might suspect, there was ample discussion of  attorney-client privilege and attorney fee waivers.  Concerns that some deferred prosecution agreements may contain a clause that placed a breach of the agreement in the sole determination of the government also caused discussion. Finally, several panelists talked about pending legislation.  The panel was moderated by Professor Lisa Kern Griffin, visiting professor Duke Law School.  For more information, see here.

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