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Jenner & Block Partner Anthony S. Barkow is the focus of an article titled “Jenner & Block’s Barkow on Prosecutors in the Boardroom” in the November 12 Corporate Crime Reporter. The article uses the book Mr. Barkow co-edited, Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct, as a discussion point for his views on deferred and non-prosecution agreements, increasingly common tools to settle corporate crime cases. Such agreements, in which a company or individual agrees to certain actions in exchange for charges being dismissed or not filed, have become popular Department of Justice mechanisms to resolve allegations of corporate crime. In the article, Mr. Barkow explains the advantages and disadvantages of such agreements. While they let corporations avoid pleading guilty to an alleged crime, they also give the government an expanded “reach,” Mr. Barkow argues. “Because this mechanism is easier on the government, it allows the government to do it more often. And thus it subjects more corporations to enforcement. It expands the government’s reach. It allows it to target more corporate entities. So, once corporations are in the crosshairs, they would prefer a deferred or non-prosecution agreement. But obviously, they would prefer in the first instance to not be subject to government scrutiny at all,” he says.
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