Which Countries Have Deferred Prosecution Agreements

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At the end of April 2020, Hapoalim B.M. («BHBM» or «Bank»), an Israeli bank, a DPA with the DOJ Tax Division and the U.S. Attorney`s Office for the Southern District of New York[60] and an NPA with the Department of Money Laundering and Asset Recovery of the U.S. Department of Justice and the U.S. Attorney`s Office for the Eastern District of New York. [61] On April 30, 2020, the CCA and NPA made payments totalling approximately $904 million. In September 2017, the PSPC announced a public consultation on possible improvements to the integrity regime and «the implementation of deferred policing agreements in Canada.» [18] PSPC published a discussion paper[2] and also made available a website that led to the discussion. [2] The consultation focused on «potential improvements to the recently implemented integrity regime,» which could include the implementation of deferred prosecution agreements in Canada, similar to those adopted in the United Kingdom in response to corporate misconduct. [16] According to the Law Times, the provisions for deferred prosecution agreements change the way Canadian prosecutors can pursue economic crime by including a redress system in which offenders can escape conviction if they «cooperate with the Crown and the courts.» [32] The Law Times quoted Ottawa-based lawyer Patrick McCann as saying that the deferred prosecution provisions «reconcile Canada with many other countries that have deferred prosecution agreements, including the United States, the United Kingdom and most other European countries.» [32] According to McCann, a deferred policing agreement «concerns the injustice of the situation if you have a large company that has an unser serious senior officer,» who has committed a crime that makes the entire company liable.

[32] McCann stated that the deferred policing agreements were fair to investors in companies innocent of any wrongdoing. [32] Amounts for «monetary recoveries» may include amounts that are not strictly limited to an ANPA or CCA, such as fines, penalties, collection and restitution requirements imposed by other regulatory and enforcement authorities, as well as amounts resulting from related transaction agreements that may be made under a comprehensive resolution related to the NPA or DPA, paid for by the agency and/or designated subsidiaries.

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