Before 2004, all companies criminally charged under the Foreign Corrupt Practices Act -- which bars U.S. companies from bribing foreign officials -- had to enter guilty pleas or go to trial. Since then, the DOJ has allowed at least three companies either to defer prosecution or to enter into a nonprosecution agreement. The problem, say many involved in corporate compliance, is that the DOJ's policy is neither transparent nor consistent.
Deferred Prosecutions on Rise in Corporate Bribery Cases
The National Law Journal
August 17, 2005