Tagged: DPA

Fokker: No Judicial Oversight of Deferred Prosecution Agreements

The D.C. Circuit dealt a blow last week to judicial attempts to exercise supervision over Justice Department negotiated Deferred Prosecution Agreements. In United States v. Fokker (Here), the Court answered the question in a resounding affirmation  of the authority of prosecutors to resolve criminal cases and exercise discretion in charging decisions. In the end, the court’s decision was not a great surprise but the strength...

Olympus: A Culture of Bribery and Kickbacks

When compliance officers read about a major Justice Department settlement action, we can all hear the collective sigh of relief – “Thank goodness, that did not happen here in my company.” The recent Olympus settlement is another in a long line of cases where any shred of corporate culture of integrity has been replaced with a culture of bribery and kickbacks, or other kids of...

The GM Criminal Settlement — Disappointing

The Justice Department has to do something about its timing – and more importantly, they need to reexamine exactly what they did (and are doing) with the criminal prosecution of GM. If you want a perfect example of talking out of both sides of your mouth, the last two weeks put the focus right on the leadership of the Justice Department.  The picture is not...