The Truth About Deferred Prosecution Agreements for Executives
When federal prosecutors investigate white collar crime, not every case ends in trial — or even charges. For executives facing possible indictment, a Deferred Prosecution Agreement (DPA) can be a strategic lifeline. But it must be handled carefully. At LibertyBell Law Group, we negotiate, structure, and manage DPAs to protect our clients’ careers, reputations, and legal records.
What Is a Deferred Prosecution Agreement?
A DPA is a formal agreement between a defendant and the government that pauses prosecution in exchange for cooperation, compliance, or remediation. If terms are met, the charges are dropped — and the executive avoids conviction.
Why Prosecutors Offer DPAs
- The evidence may be strong — but not airtight
- The executive holds key information for a larger case
- The conduct, while serious, is remediable
- The government seeks accountability without over-penalization
Key Elements of Most DPAs
- Admittance of limited facts or responsibility
- Fine or restitution payments
- Compliance monitoring or reporting
- Waiver of certain rights during the agreement period
- Termination clause if all terms are met
Case Example: EVP Avoids Indictment Through Strategic DPA
An executive vice president at a logistics company was under DOJ investigation for FCPA violations. LibertyBell Law Group negotiated a deferred prosecution agreement that avoided charges, protected the executive’s license, and ended with no criminal record after 18 months of compliance.
Risks of a DPA for Executives
- Violation of terms can revive prosecution
- The agreement may be public, affecting reputation
- You may still face civil or regulatory exposure
- Some DPAs require monitoring or ongoing disclosures
How DPAs Differ from Plea Deals
- DPA: No conviction if terms are met; charges are dismissed
- Plea Agreement: You plead guilty and receive a formal sentence
DPAs are the preferred route for executives seeking to avoid a criminal record while resolving federal scrutiny.
How LibertyBell Law Group Manages Executive DPAs
- Negotiates favorable terms with prosecutors
- Ensures the agreement protects licensing and future employment
- Manages compliance and reporting to avoid violations
- Prevents public exposure where possible
- Coordinates with in-house counsel, insurers, and boards
Should You Ask for a DPA?
Only if it fits your legal posture. A DPA may be ideal if:
- You’re a target in a white collar probe but not central to the case
- You have exonerating or helpful information
- You want to avoid indictment and preserve your career trajectory
Free DPA Consultation for Executives
If you’ve received a subpoena, target letter, or are negotiating with federal prosecutors, now is the time to explore alternatives to indictment. LibertyBell Law Group helps executives navigate the full lifecycle of DPAs — from strategy to resolution.
Conclusion: Avoiding Indictment Is a Victory — If You Do It Right
Deferred Prosecution Agreements can be the difference between jail and vindication. But without the right legal team, they can become traps. LibertyBell Law Group negotiates DPAs that protect your freedom, your future, and your name.