Deferred Prosecution Agreement Doj Antitrust
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NPAs and DOPs are two types of voluntary, preliminary agreements between a company and the government, most often DOJ. They are standard methods of resolving investigations into criminal misconduct by companies and are intended to avoid the serious direct and collateral consequences that a conviction would have on a company, its shareholders and employees. Although NPLs and POPs are procedurally different – a DPA is formally filed with a court, unlike an NPC, along with the indictment documents – generally require an admission of fault, payment of fines and penalties, cooperation with the government during the term of the agreement, and corrective action, such as improving a compliance program and sometimes cooperating with an instructor, who reports to the government. Although NPAs and DPAs are used by several jurisdictions, since Gibson Dunn began prosecuting corporate NPAs and DPOs in 2000, we have identified approximately 550 agreements initiated by the U.S. Department of Justice (“DOJ”) and 10 initiated by the U.S. Securities and Exchange Commission (“SEC”). Two months ago, the U.S. Department of Justice (DOJ) updated its guidelines to help federal prosecutors make indictment decisions or, later, make sentencing decisions. These guidelines make it clear that the relevance of a company`s compliance program can have a significant influence on whether or not the government will charge the company with alleged misconduct or whether it is willing to remedy the potential breach through a deferred prosecution or a no-suit agreement.
 In July 2019, the DOJ`s Antitrust Division aligned itself with the DOJ Criminal Division when it adopted its own directive to boost antitrust compliance as part of the assessment of corporate compliance programs at Criminal Antitrust Investigations (July 2019). Deputy General Makan Delrahim said, “For the first time, the department will consider compliance with the rules being charged in antitrust criminal investigations.” Finally, the FCS DPA offers public health companies another notification that the Cartel Department continues to aggressively investigate the health sector for criminal antitrust violations and that it does not focus exclusively on the ongoing generic drug investigation. To this end, the Cartel Department said it would carefully examine possible collusive behaviour resulting from the COVID-19 pandemic and that cooperative activities, including work restrictions, between healthcare companies should remain within the limits of antitrust legislation. . . .