Wednesday, April 12, 2006

Deferred Prosecution Agreements

Some of the deferred prosecution agreements of U.S. Attorney Christopher Christie are making the press (see here).  Specifically noted are his agreements with  Bristol-Myers Squibb and the University of Medicine and Dentistry of New Jersey.  In an article in the New Jersey Law Journal,  Lisa Brennan
writes about two provisions in these agreements that have caused concern: 1) the endowment of an ethics chair to Seton Hall Law School, the law school Christie attended; and 2) the selection of a monitor for reviewing company matters.

Clearly after Arthur Andersen, companies have a fear of being indicted, as the indictment alone can be a death sentence. The issue is whether prosecutors are placing inordinate pressure on companies to give into whatever a prosecutor desires. 


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