Via The FCPA Professor comes word of a new GAO report on deferred and non-prosecution agreements. Professor Koehler notes:
Why would a company agree to enter into an NPA/DPA if factual evidence did not exist to support the essential elements of the crime “alleged” or if valid and legitimate defenses did exist?
Quite simply, negotiating an NPA/DPA with the DOJ behind closed doors is easier, more cost effective, and provides more certainty to a company than mounting a defense based on the facts and the law.
The GAO report is available here.