Commercial Fraud

Deferred Prosecution Agreements The Law and Practice of Negotiated Corporate Criminal Penalties

By Polly Sprenger
Sweet & Maxwell U.K. December 2014

Specifications

ISBN-13
9780414033979
Publisher
Sweet & Maxwell U.K.
Publication
December 2014
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

From 2014 deferred prosecution agreements are available to UK prosecuting authorities as a weapon for dealing with corporate crime. This new manual provides a comprehensive guide to the new regime, explaining the legal framework, the practical and procedural issues for both prosecutors and corporations, and discussing lessons from the use of DPAs in other jurisdictions.

  • Explains the legislation leading to the availability of DPAs in the UK from 2014
  • Discusses the use of DPAs internationally and how the new UK system differs from that in the US
  • Goes through the offences that can now lead to a DPA
  • Identifies the prosecuting authorities capable of entering into a DPA and the criteria they will use in their decisionmaking
  • Examines the processes involved in the creation of a DPA
  • Sets out all the procedural requirements and published guidance, helping corporations negotiate effectively with prosecuting authorities
  • Covers best practice in corporate compliance when internal misconduct has been identified
  • Explains the penalties and sanctions available via a DPA, and the consequences of not adhering to its provisions
  • Deals with DPAs and court procedures
  • Covers global settlements
  • Provides a set of helpful comparative examples by reviewing US DPAs alongside UK case authorities on corporate criminal prosecutions

Table of Contents

  1. Prosecuting Corporate Criminality – the background of DPAs
  2. Corporate Criminal Liability
  3. Application of DPAs Internationally
  4. Crime and Courts Act 2013
  5. Codified Procedure – the distinction with the US model
  6. Codes and Guidance
  7. Amenable Offences
  8. The First Alert and the Internal Investigation
  9. Self-reporting
  10. The Prosecutors
  11. The Information
  12. Common Terms Imposed under a DPA
  13. Court Endorsement
  14. Breach, Variation and Elapse
  15. Alternative Outcomes
  16. Global Settlements
  17. US Examples
  18. Future Developments.
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