May 05, 2008

In this article, Partner Andrew Weissmann asserts that despite claims that the U.S. Department of Justice has “gone soft on white-collar crime,” the DOJ’s increased use of deferred prosecution and nonprosecution agreements has been a useful alternative to criminal indictment.  Among other things, Mr. Weissmann states that deferred prosecution and nonprosecution agreements strongly deter corporate misconduct while avoiding unwarranted consequences to innocent employees, the risks of trial and the expenditure of considerable prosecutorial resources. "Having alternatives to indicting a whole company is extremely important.  Deferred prosecution and nonprosecution agreements are alternatives that meet law-enforcement goals," Mr. Weissmann states in the article. See attached digest for full text of article.