Deferred prosecution agreements: US-style plea bargaining hits the UK

There has been a growing appetite in the UK for increased transparency and accountability in the investigation and prosecution of corporate financial crime for some time. Pursuing legal action against a company for fraud, bribery, corruption or money-laundering offences involves laborious investigation and preparation, and difficulties involved in bringing cases against corporates where individuals may have been at fault mean that satisfactory resolutions are rare. The government’s proposed solution is the introduction, via the Crime and Courts Act 2013 (CCA), of the deferred prosecution agreement (DPA).

A DPA is a voluntary agreement, for a specified time period, between a prosecutor and a commercial organisation, that criminal proceedings will not be progressed against the accused pending successful compliance with the terms of the DPA. The terms of the DPA can include, for example, financial penalties; confiscation, compensation or restitution arrangements; the imposition of compliance conditions; employee training; co-operation/disclosure requirements; the payment of costs; and particular consequences for breach. In addition, should an organisation fail to meet its DPA obligations, criminal proceedings may ensue after all. DPAs are intended to both encourage corporates to self-report incidents of financial crime and to more quickly and cost-effectively resolve investigations and implement enforcement…

If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Walker Morris

View more briefings from Walker Morris

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Kings Court
12 King Street
Leeds
LS1 2HL
UK
http://www.walkermorris.co.uk

Turnover (£m): 42.50
No. of lawyers: 188