Public Interest Deferred Prosecution Agreement

A public interest deferred prosecution agreement (DPA) is a legal arrangement between a prosecutor and an organization to defer criminal proceedings for a specified period. The DPA is a way for the organization to avoid a criminal trial while still being held accountable for its actions.

Under a DPA, the organization agrees to specific conditions, including cooperation with ongoing investigations, implementation of compliance programs, and payment of fines or restitution. If the organization complies with the terms of the DPA, the prosecutor will drop the charges at the end of the deferral period, typically two to three years.

DPAs are becoming increasingly common in cases involving corporate criminal conduct. They allow prosecutors to hold organizations accountable for their actions while avoiding the cost and uncertainty of a trial. Additionally, DPAs can provide a way for organizations to reform their practices and prevent future violations.

However, DPAs have been criticized for their lack of transparency and accountability. Critics argue that DPAs allow organizations to avoid more severe consequences for their actions and do not provide justice for victims.

Despite the criticism, DPAs have been used in high-profile cases involving corporations such as Pfizer, JP Morgan Chase, and Volkswagen. In some cases, DPAs have led to significant changes in corporate behavior and resulted in substantial monetary penalties.

Overall, a public interest DPA can be an effective tool for holding organizations accountable for their actions while avoiding the cost and uncertainty of a trial. However, its use should be carefully considered to ensure that it serves the public interest and provides justice for victims.