Litigation Article: Deferred Defense
3/9/2007
Written by Mintz Levin attorney Jonathan Rosen and published March 9, 2007 on the Deal.com.
The post-Enron focus on corporate corruption and the backlash resulting from the government's heavy-handed indictment of Arthur Andersen LLP have created a perfect storm in favor of the deferred prosecution agreement. In a DPA, the government defers prosecution in exchange for certain promises made by the corporation. If the government agrees the DPA has been honored, the corporation avoids criminal liability.
The use of the DPA appears beneficial. The reality is more complicated.
Jonathan is a member in the firm's Washington office and practices in the Litigation Section. He is an experienced attorney who focuses on white collar criminal defense, internal corporate investigations and complex civil litigation.
