Sec. 4. Accountability in deferred prosecution agreements
392 words·~2 min read·
/bill/115/s/2544/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3161(h)(2) of title 18, United States Code, is amended— by striking Any and inserting
(A)Any ; and by adding at the end the following: If the defendant described in subparagraph
(A)is a person other than an individual, the court may not approve an agreement described in that subparagraph unless the court determines that the agreement is in the public interest, including extending the term of such an agreement. In making the determination under clause (i), the court shall consider— whether any reforms required under the agreement are likely to prevent similar unlawful behavior in the future; whether any penalties under the agreement are sufficient to compensate victims and deter future unlawful actions; and if the defendant has previously been convicted or entered into a deferred prosecution agreement with the Government in connection with related activity, the court may not, without good cause, approve such an agreement. Any period of delay during which the court is making the determination under this subparagraph shall be included in the period of delay described in subparagraph (A). The court may, on its own or on motion of any party or of an independent monitor, if one is appointed pursuant to an agreement described in subparagraph (A), review the implementation or termination of the agreement, and take any appropriate action, to assure that the implementation or termination is in the public interest. The court may order a party or an independent monitor to file evidence with the court to aid the court in making the determination under clause (i). Except as provided in clause (ii), the Attorney General shall make available on the public website of the Department of Justice— the text of any agreement described in subparagraph
(A)between an attorney for the Government and a defendant that is a person other than an individual; and all the terms and conditions of any agreement or understanding between an independent monitor appointed pursuant to the agreement described in subclause
(I)and the defendant. The information described in clause
(i)and subparagraph (C)(ii) shall not be made publicly available if, upon petition by any interested party, the court finds that there is good cause to not make such information public, including that the information is proprietary, confidential, a trade secret, or meets the requirements of rule 49.1 of the Federal Rules of Criminal Procedure. .