In 2020, DOJ continued its practice of forcing companies contracting PGDs and PDAs to extend compliance programs. Often, as is the case in FCPA resolutions, agreements dictate long and detailed reference requirements for business compliance.  To enforce these requirements, DOJ relied heavily on Dieself`s report, which generally includes a company that provides detailed annual reports on corrective actions taken. After a downward trend in recent years, the DOJ has not yet set up independent compliance monitors this year. However, on the issue of the merger of practice, the Crown requested the continuation of a « monitoring organization » for the District of Vermont.  The U.S. Attorney`s Office for the District of Massachusetts also required an « in-house » monitor as part of a subsidiary plea agreement under the NiSource DPA described above.   Press release, U.S. Dep`t of Justice, Department of Justice announced an agreement on late prosecutions with HSBC Private Bank (Switzerland) SA (December 10, 2019), www.justice.gov/opa/pr/justice-department-announces-deferred-prosecution-agreement-hsbc-private-bank-suisse-sa.  Deferred Prosecution Agreement, Bradken, Inc. (June 15, 2020) (« Bradken DPA »); Press release, Bradken Inc. pays $10.8 million to settle charges under the False Claims Act, and enters into an agreement on adjourned lawsuits (June 15, 2020), www.justice.gov/usao-wdwa/pr/bradken-inc-pays-108-million-settle-false-claims-act-allegations-and-enters-deferred.
Discussions on the possible implementation of a prosecution agreement in Canada began in February 2016. Prior to the CCA, Canada already had a « prosecutorial discretion » that « allowed insulting companies to negotiate a non-criminal penalty for a misdemeanor. »  In June 2018, Canada adopted a CCA through provisions of the C-74 omnibus budget implementation act, which amended the penal code.   According to the Law Times, the data protection authority is changing the way Canadian courts prosecute economic crime, which involves a redress system in which offenders can escape conviction if they « cooperate with the Crown and the courts. »  The Times quoted Ottawa-based lawyer Patrick McCann as saying that the DPA would « align Canada with many other countries that have deferred policing agreements, including the United States, the United Kingdom and most other European countries. »  According to McCann, the data protection authority « deals with the injustice of the situation if you have a large company that has a senior rogue officer, » who has committed a crime for which the entire company is held responsible.  McCann stated that the CCA was fair to investors in companies that were innocent of any wrongdoing.   Avanir press release; Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and Avanir Pharmaceuticals, Inc. (September 25, 2019), oig.hhs.gov/fraud/cia/agreements/Avanir_Pharmaceuticals_Inc_09252019.pdf [`Avanir CIA`]. After a CCA, the government will charge an accused, but agrees not to proceed with these charges. In return, the defendant agrees to meet certain requirements or conditions. If the accused completes his final agreement, the government agrees to drop the costs. But if the accused refutes and violates the terms of the CCA, the government can proceed with the prosecution. United States: Under the U.S. federal diversion system, there are two concepts: a DPA or a non-prosecution agreement (NPA).
These agreements are managed in the federal system by the Department of Justice (DOJ) through criminal prosecutions and by the Securities and Exchange Commission (SEC) for securities enforcement measures.