Opening Statements


The number of corporate deferred and non­prosecution agreements in 2007. That’s a 70 percent increase over 2006, when only 20 such agreements were entered into between the targeted corporations and the Department of Justice.

These pretrial agreements are the standard way to settle major corporate criminal in­ves­tigations, according to a report released in March at the ABA’s National Institute on White Collar Crime.

Of the 2007 agreements, two-thirds involved violations of the Foreign Corrupt Practices Act or federal health care law—the payment of illegal kickbacks, misbranding and fraud. In 2006, only three agreements involved the FCPA and just one resolved allegations of breaking health care laws.

Source: Annual Corporate Pre-Trial Agreement Update—2007, a report by Lawrence D. Finder and Ryan D. McConnell.

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