Deferred Prosecution Agreements Come into Force in the U.K.

The U.K. will now be using Deferred Prosecution Agreements to resolve certain cases.  Similar to U.S.-styled DPAs, British DPAs are agreements between prosecutors and corporations that charges will be presented but not pursued, provided the organization complies with a set of agreed-upon terms and conditions.  Those terms and conditions generally involve payment of substantial fines and/or the implementation of remediation programs.  In a guest article, Elizabeth Robertson, Laura Atherton and Sasi-Kanth Mallela, partner, associate and special counsel, respectively, in K&L Gates’ London office, say that the advent of DPAs will be broadly welcomed by the business community but their application in the U.K. will not be without its controversies.   They consider some of the issues likely to arise as DPAs, which will be implemented in some significantly different ways than they are in the U.S., find their feet in the U.K.  See “FCPA Corporate Settlements of 2013: Details, Trends and Compliance Takeaways” (Dec. 18, 2013).

To read the full article

Continue reading your article with an ACR subscription.