Jenner & Block

Compliance Week Seeks Liu’s Insight on DPAs and NPAs

Partner Jessie K. Liu is quoted in a recent article in Compliance Week about deferred prosecution agreements and non-prosecution agreements.  Titled “A Dip in Pace of DPAs, NPAs – for Now,” the article explains that enforcement agencies so far this year have reached fewer deferred prosecution and non-prosecution agreements with corporate offenders, in contrast to 2012’s record pace.  Still, federal agencies have recovered $1.2 billion in settlements stemming from 13 prosecution agreements.  Federal prosecutors are no less eager to enter into them; instead, they are using them to settle an expanding range of charges.  “They’re running the gamut these days,” Jessie observes.  At the same time, while such agreements historically had been reached without significant judicial scrutiny, the judiciary today is playing an increasing role in approving them.  “Judicial scrutiny will ultimately result in more transparency and that will be helpful to compliance efforts overall,” Jessie notes.