Second Circuit Limits District Courts’ Authority Over Deferred Prosecution Agreements and Limits the Public’s Access to Monitors’ Reports

July 17, 2017
Although deferred prosecution agreements (DPAs) are a commonly-used tool for government prosecutors, courts continue to struggle to determine how much judicial supervision of these agreements is permitted. On July 12, 2017, the Court of Appeals for the Second Circuit provided guidance on this issue in U.S. v. HSBC Bank USA, N.A., in which the court upheld the government’s authority to craft and enforce DPAs with minimal judicial scrutiny. The message is clear: Absent good cause to do so, district courts should not interfere with, or regularly exercise supervisory power over, DPAs.

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