New GAO report on white collar crime issue

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.

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