The Decline of the DPA: What Has Happened and Why
Ralph Hall, JD
University of Minnesota, Twin Cities - School of Law
Timothy W. Schmidt
University of Minnesota - Twin Cities - School of Law; University of Minnesota - Twin Cities - Minnesota Law Review
January 23, 2009
Update: Food and Drug Law, Regulation, and Education, March/April 2009 at 50
Minnesota Legal Studies Research Paper No. 09-10
For the past several years, commentators have predicted (or warned) that federal prosecutors were increasingly using deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) when settling with companies accused of corporate wrongdoing. From 2002 (the year after Enron) through 2007, this prediction was accurate - DPAs increased by from 2 in 2001 to 20 in 2007 and NPAs increased from 1 to 18 in the same time period. Something then happened in 2008. New research demonstrates that the use of these mechanisms has markedly decreased over the past year, and may continue to do so. This article is the first to describe this phenomenon, suggests some possible reasons and poses questions for future research and analysis.
Number of Pages in PDF File: 8Accepted Paper Series
Date posted: January 31, 2009 ; Last revised: March 31, 2009
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