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A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (NPA), [1] is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements.
Under a deferred prosecution agreement, KPMG LLP admitted criminal wrongdoing in creating fraudulent tax shelters to help wealthy clients dodge $2.5 billion in taxes and agreed to pay $456 million in penalties. KPMG LLP will not face criminal prosecution as long as it complies with the terms of its agreement with the government.
In Canada, a deferred prosecution agreement (DPA) or remediation agreement refers to an agreement under Part XXII.1 of the Criminal Code.The agreement is made between the Crown prosecutor and an organization alleged to have committed certain types of criminal offences, usually in the context of fraud or corruption, with the consent of the relevant Attorney General and under the supervision of ...
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an ...
In August 2013, the Justice Department announced their Swiss bank program, which "provides Swiss banks an opportunity to come forward, cooperate, disclose their illegal conduct, and be eligible for non-prosecution agreements -- or in egregious cases, deferred prosecution agreements."
Instead, it was proposed to study some of the legal issues at the heart of the matter, such as the Shawcross doctrine and deferred prosecution agreements. As a result, only current Justice Minister David Lametti, Deputy Justice Minister Nathalie Drouin, and Privy Council Clerk Michael Wernick were originally invited to testify. [57]
Eventually Bharara and JPMorgan reached a deferred prosecution agreement that called for JPMorgan to forfeit $1.7 billion, the largest forfeiture ever demanded from a bank in American history—to settle charges that it and its predecessors violated the Bank Secrecy Act by failing to alert state and federal authorities about Madoff's actions.
Fines/Probation: A deferred prosecution agreement is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements. Fulfillment of the specified requirements will then result in dismissal of the charges.