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When judged against the collapse of a company like Enron’s accounting firm Arthur Andersen, a deferred prosecution agreement (DPA) can seem particularly appealing to a corporation facing criminal misconduct charges. Such agreements are instruments used by the government in which criminal charges against a corporation are dropped, so long as the corporation complies with the terms of the agreement, including admitting unlawful conduct, reforming its policies, allowing government monitoring for an allocated period of time and paying a fine. But before assuming that a DPA is the optimal solution for saving your corporation from destruction, you should first carefully consider the risks.

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