Deferred Prosecution Agreements (“DPAs”) and Non-Prosecution Agreements (“NPAs”) are a relatively recent but significant tool U.S. regulators are increasingly relying on to resolve allegations of corporate misconduct. In short, DPAs and NPAs are agreements by the government to forego enforcement action in exchange for the company’s agreement not to commit further violations of the law and to perform specific compliance and cooperation obligations. In 2011, U.S. regulators have already secured nearly $2 billion in fines and other penalties and are on pace to equal or exceed the number of investigations resolved using these agreements in prior years. In addition to the DOJ’s Fraud Section, which uses DPAs and NPAs as its primary means of resolving corporate FCPA investigations, various other entities including the SEC, DOJ’s Antitrust Division, and numerous U.S. Attorneys’ Offices are increasingly using DPAs and NPAs to settle corporate investigations.
But all settlements are not created equal. Accordingly, companies must actively manage the process to secure the best outcome possible under the facts and circumstances unique to each case. A company’s action (or lack thereof) can often determine whether it receives a DPA or NPA, whether the government requires a corporate monitor, and the amount of fines and penalties that must be paid. In this webcast, practitioners with decades of experience with DPAs/NPAs, corporate monitorships, internal investigations, and compliance programs will discuss the life cycle of an agreement, including:
- The steps a company can take today—before settlement discussions begin—to set the stage for a more favorable outcome;
- Considerations that impact a decision to voluntarily disclose misconduct to regulators;
- Effective strategies for negotiating with enforcement agencies and implementing the terms of settlement agreements;
- How to avoid a corporate monitor, and, if one is required, how to foster a cooperative relationship with the monitor;
- Mitigating the collateral consequences of settlement agreements (e.g., suspension and debarment, civil litigation, business and reputational risks); and
- Managing incidents as they arise and avoiding a breach.
The panel consists of Joe Warin and Brian Baldrate of Gibson, Dunn & Crutcher LLP, and Joseph Spinelli of Navigant Consulting, Inc.:
- Joe Warin chairs Gibson Dunn’s Litigation Department in the Washington, D.C. office and co-chairs the firm’s White Collar Defense and Investigations Practice Group. A former federal prosecutor, Mr. Warin currently serves as the U.S. counsel for the compliance monitor for Siemens and as the FCPA compliance monitor for Alliance One International, and he recently completed his role as the monitor for Statoil pursuant to a DOJ and SEC enforcement action.
- Brian Baldrate, another former federal prosecutor, has both advised companies in negotiating DPA agreements and also served as part of government directed monitorship teams. He speaks frequently on white collar and corporate investigation issues and regularly advises companies confronting these vexing questions.
- Joseph Spinelli is a Managing Director in Navigant’s Global Investigations and Compliance segment and is a leading authority on white-collar crime with more than 30 years of forensic investigations experience, including as a special agent in the FBI and a principle in a Big Four accounting firm.
To attend this free webcast scheduled for Friday, September 16, at 12 pm Eastern, please sign up below.
