Not So Fast: The Rights of Victims in Corporate Deferred Prosecutions

March 3, 2023  |  New York Law Journal

Deferred prosecution agreements (“DPAs”) are a widely used tool in white-collar criminal practice, allowing corporations to remediate and reform without the harm of a guilty plea. A recent DPA raised an important procedural question: what rights do victims have while a DPA is being negotiated by the government and a company?  In this article for the New York Law Journal, “Not So Fast: The Rights of Victims in Corporate Deferred Prosecutions,” we discuss recent court decisions involving the deferred prosecution of the Boeing Company and analyze how these decisions highlight the uncertainty and risks to DPAs when parties do not carefully consider victims’ rights during negotiations.

Not So Fast: The Rights of Victims in Corporate Deferred Prosecutions (pdf | 153.66 KB)