A new item on SSRN provides some interesting statistics on deferred prosecution agreements. AUSA Ryan McConnell (not writing on behalf of the department) and Lawrence D. Finder of Haynes & Boone posted a piece entitled, "Annual Corporate Pre-Trial Update 2007." They present three trends from 2007.
- "First, the number of corporate pre-trial agreements rose sharply from 2006 to 2007."
- "Second, the number of corporate pre-trial
agreements containing attorney client privilege and work-product
waivers has declined significantly." - "Finally, two thirds of all agreements
involved violations of either the Foreign Corrupt Practices Act (FCPA)
or the federal health care laws."
The piece provides a detailed analysis of each of these conclusions.
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