Jenner & Block

“Increased Judicial Scrutiny of Deferred Prosecution Agreements,” New York Law Journal

In this article, Jenner & Block Partner Anthony S. Barkow and Associate Matthew D. Cipolla examine the implications of a landmark deferred prosecution agreement (DPA).  U.S. District Judge John Gleeson recently approved the $1.92 billion DPA in a case that focused on anti-money laundering compliance failures and transactions.  While judges historically have not been involved in the DPA process, the authors observe that the decision could have wide-reaching repercussions, including “the start of a trend of increased judicial oversight of DPAs.”  Still, because of the overall lack of guidelines governing DPAs and non-prosecution agreements (NPAs), the authors conclude that “at a minimum, the Justice Department should promulgate internal guidelines for itself to curb its discretion in this area.”