Non-Prosecution Agreements

What do you mean? JM 9-27.640 outlines specific cases requiring the approval of non-prosecution agreements by the competent Assistant Attorney General. The first paragraph applies to cases where the current statutory provisions and department directives require that, for certain types of offences, the Attorney General, the Assistant Attorney General or an Assistant Attorney General be consulted or agreed before the charges are dismissed or the charges dismissed. See z.B. JM 6-4.245 (tax offences); JM 9-41.010 (insolvency fraud); JM 9-90.020 (national security offences); (see JM 9-2.400 for a full list of all prior authorization and consultation requirements). A non-prosecution agreement is tantamount to a variation of the prosecution or the dismissal of a charge, because the end result is in any case similar: a person who has committed criminal activities is not prosecuted or is not prosecuted in its entirety for his offence. Accordingly, government lawyers should obtain the approval of the Assistant Attorney General before agreeing not to be prosecuted in any way in the event that a consultation or authorization is necessary for a variation of the prosecution or the dismissal of a charge. The second paragraph contains other situations in which the government lawyer should obtain the approval of an Assistant Attorney General, a proposed agreement that should not be pursued in exchange for cooperation. In general, the situations described are exceptional or highly sensitive cases or cases involving individuals or large-scale public interest cases. In a case that falls within this provision and appears to be particularly sensitive, the Assistant Attorney General should in turn consider whether to notify the Attorney General or the Assistant Attorney General. Despite intense congressional oversight in recent years, the Justice Department`s enforcement of non-prosecution and non-prosecution agreements continues to increase. And now the Securities and Exchange Commission is getting used to it.

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