Or Non-Prosecution Agreements The Principles of Federal Prosecution provide addi- Under a non-prosecution agreement, or an NPA as tional commentary about each of these factors. For it is commonly known, DOJ maintains the right to file instance, they explain that prosecutors should take into charges but refrains from doing so to allow the company account federal law enforcement priorities because federal to demonstrate its good conduct during the term of the law enforcement and judicial resources are not sufficient NPA. Unlike a DPA, an NPA is not filed with a court but is to permit prosecution of every alleged offense over which instead maintained by the parties. In circumstances where federal jurisdiction exists. The deterrent effect of prosecu- an NPA is with a company for FCPA-related offenses, it is tion should also be kept in mind because some offenses, made available to the public through DOJ’s website. The “although seemingly not of great importance by themselves, requirements of an NPA are similar to those of a DPA, if commonly committed would have a substantial cumula- and generally require a waiver of the statute of limitations, tive impact on the community?”*! ongoing cooperation, admission of the material facts, and As discussed above, the Principles of Federal compliance and remediation commitments, in addition to Prosecution of Business Organizations require prosecutors to payment of a monetary penalty. If the company complies consider nine factors when determining whether to prose- with the agreement throughout its term, DOJ does not file cute a corporate entity foran FCPA violation, including the criminal charges. If an individual complies with the terms nature and seriousness of the offense; the pervasiveness of of his or her NPA, namely, truthful and complete coopera- wrongdoing within the company; the company’s history of tion and continued law-abiding conduct, DOJ will not pur- similar conduct; the existence and effectiveness of the com- sue crim