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deferred prosecution agreement

English translation: agreement to penalties being imposed without trial.

07:20 Dec 30, 2008
English language (monolingual) [PRO]
Law/Patents - Law (general)
English term or phrase: deferred prosecution agreement
Report any complaints about unethical conduct or practices that do not conform to the requirements of the company's Deferred Prosecution Agreement with the United States Attorney's Office to the Legal Department or the Corporate Ethics Office. Your complaint will remain anonymous.
Alaa Zeineldine
Egypt
Local time: 15:03
Selected answer:agreement to penalties being imposed without trial.
Explanation:

In a major shift of policy, the Justice Department, once known for taking down giant corporations, including the accounting firm Arthur Andersen, has put off prosecuting more than 50 companies suspected of wrongdoing over the last three years.

Instead, many companies, from boutique outfits to immense corporations like American Express, have avoided the cost and stigma of defending themselves against criminal charges with a so-called deferred prosecution agreement, which allows the government to collect fines and appoint an outside monitor to impose internal reforms without going through a trial. In many cases, the name of the monitor and the details of the agreement are kept secret.
http://www.iht.com/articles/2008/04/09/business/justice.php
Selected response from:

Jack Doughty
United Kingdom
Local time: 14:03
Grading comment
Thank you, Jack.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +3agreement to penalties being imposed without trial.
Jack Doughty
5 -1agreement to prosecute at a later time after further consideration
zax
3 -1an agreement with ... according to which unethical conduct is punishable and subject to prosecution
Ellen Kraus


  

Answers


21 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
agreement to penalties being imposed without trial.


Explanation:

In a major shift of policy, the Justice Department, once known for taking down giant corporations, including the accounting firm Arthur Andersen, has put off prosecuting more than 50 companies suspected of wrongdoing over the last three years.

Instead, many companies, from boutique outfits to immense corporations like American Express, have avoided the cost and stigma of defending themselves against criminal charges with a so-called deferred prosecution agreement, which allows the government to collect fines and appoint an outside monitor to impose internal reforms without going through a trial. In many cases, the name of the monitor and the details of the agreement are kept secret.
http://www.iht.com/articles/2008/04/09/business/justice.php

Jack Doughty
United Kingdom
Local time: 14:03
Specializes in field
Native speaker of: English
PRO pts in category: 239
Grading comment
Thank you, Jack.

Peer comments on this answer (and responses from the answerer)
agree  David Moore (X): Talk about one law for the rich...here it most often benefits politicians or CEOs of major companies, rather than the companies themsleves, it seems to me.
1 hr
  -> Thank you. You'r probably right.
agree  Demi Ebrite: Excellent explanation, tragic situation.
9 hrs
  -> Thank you.
agree  Phong Le
18 hrs
  -> Thank you.
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22 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
an agreement with ... according to which unethical conduct is punishable and subject to prosecution


Explanation:
would be my interpretation (the term <deferred> i.e. postponed, IMO is redundant for the translation)

Ellen Kraus
Austria
Local time: 15:03
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 22

Peer comments on this answer (and responses from the answerer)
disagree  David Moore (X): I'd say the "deferred" is essential to the translation; "permanently deferred" is what happens to the "prosecution" in most cases...
2 hrs
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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): -1
agreement to prosecute at a later time after further consideration


Explanation:
The Fifth Amendment, U.S.Const., requires that all prosecutions for infamous federal crimes (i.e., federal offenses carrying a term of imprisonment in excess of one year) be commenced by grand jury indictment. This requirement, however, does not apply to State prosecutions for such crimes, which may be prosecuted on the basis of an information. BLD.

zax
Local time: 09:03
Works in field
Native speaker of: Native in ArabicArabic, Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
disagree  David Moore (X): I'd say this is irrelevant here (this is company law, after all): see www.abanet.org/crimjust/cjmag/21-2/corporatedeferred.pdf
18 mins
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