DPAs - The Lastest Weapon in White Collar Investigations

Deferred prosecution agreements, routinely used in criminal drug prosecutions, are emerging as a powerful tool for government agencies pursuing civil enforcement investigations against businesses -- and corporate officers.

While deferred prosecution agreements (DPAs) shield companies from immediate and potentially crippling prosecution, companies that have entered into them have paid significant fines and are subject to continuing and often intensive government scrutiny.

Listen as our panel of legal specialists in government investigations provider their perspectives on some of the more alarming measures in recent corporate DPAs -- and how counsel can advise companies and clients on when, whether and how to negotiate a deferred prosecution agreement.

Daniel R. Alonso, Partner, Kaye Scholer, New York, specializes in white-collar defense, internal investigations, securities litigation and regulatory enforcement defense. He previously served as the Chief of the Criminal Division in the U.S. Attorney's Office, E.D. NY.

Andrew C. Hruska, Partner, King & Spalding, New York, is a member of the firm's Special Matters and Government Investigations Practice Group. He focuses on complex civil, criminal and regulatory litigation and investigations. He is a former Chief Assistant U.S. Attorney, E.D. NY, and supervised the office's corporate fraud offensive.

The panelists address these and other key questions:

• How have deferred prosecution agreements been utilized in recent white-collar crime investigations?
• What are the typical provisions seen in recent corporate DPAs?
• What are the consequences of entering into a DPA for a corporation-- how can it impact officers, employees, shareholders, and company operations?
• What are the best strategies for negotiating a deferred prosecution agreement?

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