Category Archives: Deferred Prosecution Agreement

Doing the Government’s Laundry

By Dan Portnov In certain legal (nerd) circles, coining a phrase or term of art is one of the surest ways to achieve immortality – think Tim Wu’s first use of “network neutrality” in a 2003 journal article or Justice … Continue reading

Posted in Brady violations, Criminal Investigation, Deferred Prosecution Agreement, Discovery/Brady, DOJ policy and practice, Securities fraud | Leave a comment

Releasing Corporate Monitor Reports after a Non-Prosecution Agreement

Peter Henning of the New York Times White Collar Watch published an interesting piece on February 8 about the confidentiality of reports filed by corporate monitors after a non-prosecution agreement against a company. The article describes a recent decision by … Continue reading

Posted in Deferred Prosecution Agreement, Non-Prosecution Agreement, Uncategorized | Tagged | Leave a comment

Treating Individuals Like Corporations—But In a Good Way: SEC’s First Deferred Prosecution Agreement With an Individual

Since January 2010, corporations facing SEC investigations had one big advantage over individuals: they could seek a deferred prosecution agreement. DPAs allow companies that committed wrongdoing to avoid prosecution, most often by undertaking significant compliance efforts, or engaging a corporate … Continue reading

Posted in Deferred Prosecution Agreement, Investor fraud, SEC Settlement, Securities fraud | Tagged | Leave a comment

What Do Guitars, Elephant Tusks and Paddlefish Caviar Have in Common?

Disclaimer: I wrote this post because I’m hoping that any time someone types “paddlefish caviar” into a search engine, this blog will get a hit.  Also, I’ve managed to fit in a reference to the B-52’s, so it’s a win-win. … Continue reading

Posted in Conviction After Jury Trial, Deferred Prosecution Agreement, Indictment, Lacey Act, Plea Agreement | Tagged | 1 Comment

Four WellCare Health Plan Execs Found Guilty of Health Care Fraud

On June 11, a Tampa jury found four former executives of WellCare Health Plans Inc. guilty of several charges, including health care fraud and making false statements to a law enforcement officer. The verdict came at the end of a … Continue reading

Posted in Acquittal After Jury Trial, Conviction After Jury Trial, Deferred Prosecution Agreement, False statements, Health care fraud | Tagged | 2 Comments

Newsflash! DOJ Says It Wants To Prosecute Corporate Executives But It Is Ok Not To Prosecute Companies

Two recent appearances by high-ranking Department of Justice officials make clear that the target on corporate executives’ backs isn’t going away any time soon.  On May 3, 2013, the Criminal Division’s Acting Assistant Attorney General Mythili Raman offered remarks at … Continue reading

Posted in Deferred Prosecution Agreement, DOJ Statements, Non-Prosecution Agreement | 1 Comment