Congress has introduced legislation to regulate the Department of Justice's use of deferred prosecution agreements (DPAs), non-prosecution agreements (NPAs), and corporate monitors. The "Accountability in Deferred Prosecution Act of 2009", introduced last week by Reps. Steve Cohen (D-TN), Bill Pascrell, Jr. (D-NJ), Frank Pallone, Jr. (D-NJ), and Linda Sanchez (D-CA), would set nationwide standards in the use of these controversial new tools employed by U.S. Attorneys in prosecuting corporate crime.
Astute readers of this blog may remember that a similar bill was introduced last summer. In fact, except for the year in the title and the name of one co-sponsor, both bills are exactly the same.
The regulation of DPAs, NPAs, and corporate monitors became a hot issue two years ago when the U.S. Attorney in the home state of Reps. Pascrell and Pallone helped his former boss, ex-Attorney General John Ashcroft, obtain a corporate monitor deal worth up to $52 million. Soon, the House Judiciary Committee began investigating and the DOJ issued new rules regarding the use of DPAs and NPAs and the appointment of corporate monitors to oversee the implementation of these agreements. (FYI - the aforementioned U.S. Attorney, Christopher Christie, has since resigned his post to run for Governor of New Jersey.)
POGO said it last year when the exact same bill was introduced, and we'll say it again here: This bill is a necessary step in increasing transparency and oversight over the federal government's prosecution of corporate misconduct. DPAs, NPAs, and corporate monitor appointments should be used to protect the public's interest, not to reward cronies.
-- Neil Gordon
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