On April 5, the D.C. Circuit overturned a decision by a district court judge that rejected a DPA between DOJ and Fokker Services B.V.  The Circuit held that the district court erred in rejecting the agreement as too lenient because the executive’s “long-settled primacy over charging decisions” includes the decisions to pursue a DPA and define its terms.  The D.C. Circuit also recognized that DPAs are an “increasingly important tool” in government resolutions and could be jeopardized by such judicial intervention.  Davis Polk’s client update is available hereUnited States v. Fokker Services B.V., 15-3016 (D.C. Cir.).

Related preceding post