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Deferred Prosecutions on Rise in Corporate Bribery Cases

The National Law Journal

August 17, 2005

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.

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