Or RESOLUTIONS What Are the Different Types of The plea agreement may jointly recommend a sentence Resolutions with DOJ? or fine, jointly recommend an analysis under the USS. Sentencing Guidelines, or leave such items open for Criminal Complaints, Informations, and Indictments argument at the time of sentencing. Charges against individuals and companies are brought in three different ways under the Federal Rules of Deferred Prosecution Agreements Criminal Procedure: criminal complaints, criminal infor- Under a deferred prosecution agreement, or a DPA mations, and indictments. as it is commonly known, DOJ files a charging document DOJ may agree to resolve criminal FCPA mat- with the court,” but it simultaneously requests that the ters against companies either through a declination or, in prosecution be deferred, that is, postponed for the pur- appropriate cases, a negotiated resolution resulting in a plea pose of allowing the company to demonstrate its good agreement, deferred prosecution agreement, or non-prose- conduct. DPAs generally require a defendant to agree to cution agreement. For individuals, a negotiated resolution pay a monetary penalty, waive the statute of limitations, will generally take the form of a plea agreement, which may cooperate with the government, admit the relevant facts, include language regarding cooperation, or a non-prosecu- and enter into certain compliance and remediation com- tion cooperation agreement. When negotiated resolutions mitments, potentially including a corporate compliance cannot be reached with companies or individuals, the mat- monitor. DPAs describe the company’s conduct, coopera- ter may proceed to trial. tion, and remediation, if any, and provide a calculation of the penalty pursuant to the US. Sentencing Guidelines. Plea Agreements In addition to being publicly filed, DOJ places all of its Plea agreements—whether with companies or DPAs on its website. If the company successfully com- individuals—are governed by