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Judicial Oversight of Corporate Deferred Prosecution Agreements

A recent decision could have the potential to alter DOJ's policy on deferred prosecution agreements; the create critical uncertainty for white-collar defense practitioners; and raise interesting questions about the role of the judiciary in corporate criminal negotiations and settlements.

30 minute read April 02, 2015 at 12:00 AM
By
Jodi Misher Peikin and Peter Janowski
Judicial Oversight of Corporate Deferred Prosecution Agreements

Earlier this year, the Department of Justice (DOJ) and a subsidiary of a Dutch aerospace technology company, Fokker Services B.V. (Fokker), reached an agreement to resolve charges that the company had conspired to unlawfully export goods originated in the United States to Iran, Burma, and Sudan ' countries on the U.S. sanctions list.

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