DOJ official defends use of DPAs amid criticisms

An official from the Department of Justice (DOJ) spoke to the value of deferred prosecution agreements (DPAs) to resolve corporate misconduct amid renewed criticism directed toward the agency’s 2021 agreement with Boeing.

Lisa Miller, deputy assistant attorney general in the DOJ’s Criminal Division, said during a speech delivered Thursday to the University of Southern California Gould School of Law the agency’s corporate enforcement policies and enforcement actions “transparently focus upon incentivizing companies to implement effective compliance programs, and for the same reason, reward voluntary self-disclosure, cooperation, and remediation of the causes of misconduct.”

Obligations corporations must fulfill to receive DPAs instead of guilty pleas include voluntarily disclosing misconduct to the Criminal Division; improving compliance programs; fully cooperating with DOJ investigators; certifications signed by the chief executive officer and chief compliance officer; and, when required, an independent compliance monitor.