News & Analysis as of

Judicial Review Deferred Prosecution Agreements

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Upholds Prosecutorial Discretion in Deferred Prosecution Agreements

On July 12, 2017, the U.S. Court of Appeals for the Second Circuit ruled in United States v. HSBC Bank USA, N.A. that a federal district court does not have the authority to supervise the implementation of a deferred...more

Dechert LLP

Second Circuit Limits District Courts’ Authority Over Deferred Prosecution Agreements and Limits the Public’s Access to Monitors’...

Dechert LLP on

Although deferred prosecution agreements (DPAs) are a commonly-used tool for government prosecutors, courts continue to struggle to determine how much judicial supervision of these agreements is permitted. On July 12, 2017,...more

Skadden, Arps, Slate, Meagher & Flom LLP

"DC Circuit Affirms Primacy of Prosecutorial Discretion Over Deferred Prosecution Agreements in United States v. Fokker Services...

On April 5, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) overturned the decision of the U.S. District Court for the District of Columbia (the District Court) in United States v....more

The Volkov Law Group

Judicial Oversight of Deferred Prosecution Agreements

The Volkov Law Group on

With the increasing criticism of DOJ’s use of deferred prosecution agreements (“DPAs”), it was inevitable that the courts would assert themselves in this area....more

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