A deferred prosecution agreement (DPA) is a legal agreement between a prosecutor and a defendant that allows the defendant to avoid criminal prosecution by completing certain requirements. A DPA is typically used in cases where the defendant has committed a non-violent, white-collar crime, and the prosecutor believes that the defendant is unlikely to commit another crime in the future.
A dictionary DPA, on the other hand, is a special type of DPA that has been used in recent years to settle cases with major corporations accused of violating the Foreign Corrupt Practices Act (FCPA). The FCPA is a federal law that prohibits companies from bribing foreign officials to obtain or retain business.
A dictionary DPA is called as such because it uses terms and definitions that are not typically found in legal agreements. The purpose of a dictionary DPA is to provide clarity and transparency to the terms of the agreement, making it easier for both the defendant and the prosecutor to understand.
One of the key features of a dictionary DPA is the use of a corporate compliance monitor. This is a third-party individual or team that is hired by the company to monitor the company`s compliance with the terms of the agreement. The corporate compliance monitor is responsible for ensuring that the company is implementing a robust compliance program that meets the requirements of the agreement.
Another feature of a dictionary DPA is the requirement for the company to cooperate fully with the government`s investigation. This includes providing information and documents to the government and making employees available for interviews.
A dictionary DPA may also include fines and penalties that the company must pay as part of the settlement. These fines and penalties can be significant, and may include both criminal and civil penalties.
Overall, a dictionary DPA is an important tool for prosecutors to hold corporations accountable for their actions. By using clear and transparent language, and requiring companies to take concrete actions to prevent future misconduct, dictionary DPAs can help promote accountability and prevent future violations of the law.