Jenner & Block

Court-appointed Team Files Amicus Brief in Favor of Judge’s Ruling in Dispute Over Rejected Deferred Prosecution Agreement

Jenner & Block Partners David W. DeBruin and Adam G. Unikowsky and Associate Julie Straus Harris filed an amicus curiae brief in a dispute over a rejected deferred prosecution agreement between US authorities and a Dutch aerospace services provider.   The dispute focuses on allegations that the provider, Fokker Services BV, sold aircraft parts to customers in Iran, Sudan and Myanmar in violation of U.S. sanctions law.  In 2014, the Department of Justice and Fokker entered into a deferred prosecution agreement.  But in February, US District Judge Richard J. Leon held that the agreement was “grossly disproportionate” to Fokker’s offenses.  The DOJ and Fokker appealed.  The team was court appointed to present arguments in favor of Judge Leon’s ruling.  In their brief, they argued that the DC Circuit lacks jurisdiction to hear the interlocutory appeals and that Judge Leon’s ruling was justified.  The team’s brief further rejected claims that the ruling presents a separation-of-powers issue.  News of the brief was reported in Law360.