Federal law enforcement priorities, including any federal law enforcement initiatives or operations aimed at accomplishing those priorities; The nature and seriousness of the offense; The person's culpability in connection with the offense; The person's history with respect to criminal activity; The person's willingness to cooperate in the investigation or prosecution of others; The probable sentence or other consequences if the person is convicted. Of course, he/she may also be charged with other criminal acts (as provided in JM 9-27.320), if the proof and the government's legitimate law enforcement objectives warrant additional charges. WebSome DPAs include the appointment of an independent monitor to oversee the agreement and ensure compliance with the terms. The attorney for the government should commence or recommend federal prosecution if he/she believes that the person's conduct constitutes a federal offense, and that the admissible evidence will probably be sufficient to obtain and sustain a conviction,unless (1) the prosecution would serve nosubstantial federal interest; (2) the person is subject to effective prosecution in another jurisdiction; or (3) there exists an adequate non-criminal alternative to prosecution.

Request or conduct further investigation; Decline prosecution and refer the matter for prosecutorial consideration in another jurisdiction; Decline prosecution andcommence or recommend pretrial diversion or other non-criminal disposition; or. Rather they are meant to focus the decision-maker's attention on factors that probably will be controlling in the majority of cases. Usually such a concession by the government will be all that is necessary, or warranted, to secure the cooperation sought. In determining whether a prosecution would serve a substantial federal interest, the attorney for the government should weigh all relevant considerations, including: Comment. The requesting district/division shall make known to each affected district/division the following information: See JM 16.030 for a discussion of the requirement for consultation with investigative agencies and victims regarding pleas. Sentences Above or Below the Guidelines. 1971). This is, of course, a threshold consideration only. The impact of an offense on the community in which it is committed can be measured in several ways: in terms of economic harm done to community interests; in terms of physical danger to the citizens or damage to public property; and in terms of erosion of the inhabitants' peace of mind and sense of security. 6001-6003 or has escaped prosecution by virtue of an agreement not to prosecute.

In such a case, despite his/her negative assessment of the likelihood of a guilty verdict (based on factors extraneous to an objective view of the law and the facts), the prosecutor may properly conclude that it is necessary and appropriate to commence or recommend prosecution and allow the criminal process to operate in accordance with the principles set forth here. United States v. Gaskins, 485 F.2d 1046, 1048 (D.C. Cir. The probable cause standard is the same standard required for the issuance of an arrest warrant or a summons upon a complaint (seeFed. Substantial Assistance. 203(a)(2)), the third-party can usually be referred to generically ("a Member of Congress"), rather than identified specifically ("Senator X"), at the defendant's plea hearing. The general policy of the government is that people who have engaged in criminal activity should face some kind of punishment for that activity as that serves the public interest. There are times, however, when the public interest is better served by entering into non-prosecution agreements. If a prosecution is to be concluded pursuant to a plea agreement, the defendant should be required to plead to a charge or charges: Comment. Typically, however, a defendant will have committed more than one criminal act and his/her conduct may be prosecuted under more than one statute. 2. 1967);Powell v. Ratzenbach, 359 F.2d 234 (D.C. Cir.

The list of relevant considerations is not intended to be all-inclusive. The strength of the other jurisdiction's interest in prosecution; The other jurisdiction's ability and willingness to prosecute effectively; and. An NPA is not made public unless the prosecutors seek to publicize their investigation results or the company or individual must disclose the agreement. Authority to approve such pleadings is limited to the United States Attorney, the Chief Assistant United States Attorney, and supervisory criminal Assistant United States Attorneys, or a committee including at least one of these individuals. There are, however, two common circumstances in which charges may be dropped consistent with these principles. First, if time permits, the person may be charged, tried, and convicted before his/her cooperation is sought in the investigation or prosecution of others. Government attorneys should consult with the investigating agency involved and the victim, if appropriate or required by law. Such information regarding compulsion orders may be available by telephone from the Policy and Statutory Enforcement Unit in the Office of Enforcement Operations of the Criminal Division. This is more complicated than a bargain involving a sentence within a guideline range. These principles of federal prosecution provide federal prosecutors a statement of prosecutorial policies and practices. The Commission has recognized those bases for departure that are commonly justified. It is vital that federal prosecutors understand when conduct that is not charged in an indictment or conduct that is alleged in counts that are to be dismissed pursuant to a bargain may be counted for sentencing purposes and when it may not be. In a 2018 non-prosecution agreement with the US Attorneys Office for the Southern District of New York, the company admitted it never intended to publish the WebNon-Prosecution Agreement (NPA) A contractual arrangement between a US government agency (such as the Department of Justice (DOJ) or the Securities and Exchange Commission (SEC)) and a company or an individual facing a criminal or civil In weighing the adequacy of such an alternative in a particular case, the prosecutor should consider the nature and severity of the sanctions or other measures that could be imposed, the likelihood that an adequate sanction would in fact be imposed, and the effect of such a non-criminal disposition on federal law enforcement interests. Microsoft Hungary has also agreed to pay a criminal fine of $8,751,795 as part of a non-prosecution agreement with the U.S. Department of Justice related to causing books and records violations of the FCPA. The attorney for the government should not enter into a non-prosecution agreement in exchange for a person's cooperation without first obtaining the approval of the appropriate Assistant Attorney General when: Comment. In late 2018, American Media, Inc. also entered into a non-prosecution agreement with the Southern District of New Yorks US attorneys office relating to paying Other Considerations. The court must not participate in these discussions. In a case covered by this provision that appears to be of an especially sensitive nature, the Assistant Attorney General should, in turn, consider whether it would be appropriate to notify the Attorney General or the Deputy Attorney General. 1998); see also JM 9-11.130. Download FMC Nonprosecution Agreement Topic (s): Foreign Corruption Health Care Fraud Component (s): Criminal Division Criminal - Criminal Fraud Section It is important that non-prosecution agreements be drawn in terms that will not bind other federal prosecutors or agencies without their consent. Essentially, a DPA or NPA allows the defendant to avoid criminal punishment, though the prosecutor may establish an extensive set of obligations that the defendant must satisfy in order to avoid punishment. [updated February 2018]. This discretion exists by virtue of the prosecutor's status as a member of the Executive Branch, and the President's responsibility under the Constitution to ensure that the laws of the United States be "faithfully executed." 3553(a). It is with their help that these principles have been prepared, and it is with their efforts that the purposes of these principles will be achieved. WebDPAs and NPAs are voluntary agreements in which the prosecutor grants the defendant amnesty in exchange for their cooperation. Moreover, Guideline 5K2.0 recognizes that a sentencing court may consider a ground for departure that has not been adequately considered by the Commission. Thus, for example, it would be proper to commence or recommend a prosecution even though a key witness may be out of the country, so long as there is a good faith basis to believe that the witness's presence at trial could reasonably be expected. In addition to reciting facts that could be proved to show the defendant's guilt, the prosecutor should bring to the court's attention whatever arguments exist for rejecting the plea. See United States v. Sells Engineering, Inc., 463 U.S. 418 (1983). Justice is best served when prosecutors distill that information to its most salient points and provide judges with a persuasive framework through which to understand the significance of the case, the impact on the victims, the importance of general and specific deterrence, and the need for the requested punishment and rehabilitation plan to achieve a just result. SeeJM 9-27.300. Similarly, in cases involving a theft or fraud offense that also involve an aggravated identity theft charge, 18 U.S.C. b[e] contemplated by the Assistant United States Attorney against the [third-party] for the future." The language of JM 9-27.400 with respect to sentence agreements is intended to cover the entire range of positions that the government might wish to take at the time of sentencing. . Before filing or recommending charges pursuant to a precharge plea agreement, the attorney for the government should consult the plea agreement provisions ofJM 9-27.430, relating to the selection of charges to which a defendant should be required to plead guilty. Both are permissible, but one is more complicated than the other. This approval is required whether or not a case is resolved through a negotiated plea. Since it is certainly desirable as a matter of policy that an offender be required to incur at least some liability for his/her criminal conduct, government attorneys should attempt to secure this result in all appropriate cases, following the principles set forth in, The third method for securing the cooperation of a potential defendant is by means of a court order under 18 U.S.C. For this reason, he/she should not include in an information, or recommend in an indictment, charges that he/she cannot reasonably expect to prove beyond a reasonable doubt by legally sufficient and admissible evidence at trial. The attorney for the government should document these coordination efforts, where undertaken, when federal prosecution is declined. If a prosecutor wishes to support a departure from the guidelines, he or she should candidly do so and not stipulate to facts that are untrue. Prior consultation or approval would be required by a statute or by Departmental policy for a declination of prosecution or dismissal of a charge with regard to which the agreement is to be made; or. WebThe following Statement of Facts is incorporated by reference as part of the Non Prosecution Agreement, dated August 26,2013, between the United States Attorney's Office for the Central District of California (the "USAO") and Las Vegas Sands Corp. ("L VSC"). Second, federal prosecutors may drop readily provable charges with the specific approval of the United States Attorney, appropriate Assistant Attorney General, or designated supervisory level official for reasons set forth in the file of the case. See also JM 9-16.000 et seq. Prosecutors shall comply, however, with any court order directing the public filing of a bill of particulars. Such an "informal use immunity" agreement has two advantages over an agreement not to prosecute the person in connection with a particular transaction: first, it preserves the prosecutor's option to prosecute on the basis of independently obtained evidence if it later appears that the person's criminal involvement was more serious than it originally appeared to be; and second, it encourages the witness to be as forthright as possible since the more he/she reveals the more protection he/she will have against a future prosecution. [cited in JM 6-4.210; JM 9-10.060; JM 9-27.200; JM 9-28.300]. It is expected that each federal prosecutor will be guided by these principles in carrying out his/her criminal law enforcement responsibilities unless a modification of, or departure from, these principles has been authorized pursuant toJM 9-27.140. Should a prosecutor determine in good faith after indictment that, as a result of a change in the evidence or for another reason (e.g., a need has arisen to protect sources and methods, including the identity of a particular witness until he or she testifies against a more significant defendant), a charge is not readily provable or that an indictment exaggerates the seriousness of an offense or offenses, a plea bargain may reflect the prosecutor's reassessment. Such a plea does not require that the actual sentence range be determined in advance. The considerations are essentially the same as those governing the selection of charges to be included in the original indictment or information. Public and professional responsibility sometimes will require the choosing of a particularly unpopular course. [updatedFebruary 2018] [cited inJM9-16.300;JM9-16.320;JM9-27.300;JM9-28.1300]. As discussed in JM 9-27.500 and JM 9-16.000, there are serious objections to such pleas and they should be opposed unless the appropriate Assistant Attorney General concludes that the circumstances are so unusual that acceptance of such a plea would be in the public interest. Similarly, the "two witness" rule applies to perjury prosecutions under 18 U.S.C. Affords deterrence to future criminal conduct by the defendant and others; Protects the public from further crimes of the defendant; Avoids unwarranted sentencing disparities between offenders with similar records who have been found guilty of similar conduct; Offers the defendant an opportunity for effective rehabilitation; and. However, the attorney for the governments belief that a person's conduct constitutes a federal offense and that the admissible evidence will probably be sufficient to obtain and sustain a conviction is not sufficient standing by itself to commence or recommend prosecution. SeeNader v. Saxbe, 497 F.2d 676, 679 n. 18 (D.C. Cir. By definition, the most serious offenses are those that carry the most substantial guidelines sentence, including mandatory minimum sentences. When prosecution is declined in serious cases on the understanding that action will be taken by other authorities, appropriate steps should be taken to ensure that the matter receives their attention. Consequently, it is often preferable to have a jury resolve the factual and legal dispute between the government and the defendant, rather than have government attorneys encourage defendants to plead guilty under circumstances that the public might regard as questionable or unfair. Government attorneys should also take full advantage of the opportunity afforded by Rule 11(b)(3) in an Alford case to thwart the defendant's efforts to project a public image of innocence. In addition to reviewing the concerns that prompted the decision to prosecute in the first instance, particular attention should be given to the need to ensure that the prosecution will be both fair and effective. Comment.

For example, it would be improper for a prosecutor to agree that a departure is in order, but to conceal the agreement in a charge bargain that is presented to a court as a fait accompli so that there is neither a record of nor judicial review of the departure. In the unusual instance where identification of an uncharged third-party wrongdoer during a plea or sentencing hearing is justified, the express approval of the United States Attorney and the appropriate Assistant Attorney General should be obtained prior to the hearing absent exigent circumstances. Although these principles deal with the specific situations indicated, they should be read in the broader context of the basic responsibilities of federal attorneys: making certain that the general purposes of the criminal lawassurance of warranted punishment, deterrence of further criminal conduct, protection of the public from offenders, and rehabilitation of offendersare adequately met, while making certain also that the rights of individuals are scrupulously protected. The principles of federal prosecution set forth herein are intended to promote the reasoned exercise of prosecutorial discretion by attorneys for the government with respect to: Comment. Similarly, for Department of Justice attorneys, approval authority should be vested in a Section Chief or Office Director, or such official's deputy, or in a committee which includes at least one of these individuals. These factors are set forth in 18 U.S.C. See JM 9-16.500. Whenever an attorney for the government declines to commence or recommend federal prosecution, he/she should ensure that his/her decision and the reasons therefore are communicated to the investigating agency involved and to any other interested agency, and are also reflected in the office files to ensure an adequate record of disposition of matters that are brought to the attention of the government attorney for possible criminal prosecution, but that do not result in federal prosecution. 1621 but not under 18 U.S.C. In other less predictable contexts, federal prosecutors should strive to avoid unnecessary public references to wrongdoing by uncharged third-parties. In exchange, NPAs, similar to deferred prosecution agreements, generally require the company or individual to agree to: Pay a fine.

1. v Anderson, 55 F.Supp.2d 1163 (D. Kan 1999); United States v. Smith, 992 F. Supp. Comment. See Finn v. Schiller, 72 F.3d 1182 (4th Cir. Thus, if practicable, the attorney for the government should explicitly limit the scope of his/her agreement to non-prosecution within his/her district.

3771, the Victims Rights and Restitution Act,34 U.S.C. Second, the prosecutor may seek to depart from the guidelines. It is also important to consider whether the person has a background of cooperation with law enforcement officials, either as a witness or an informant, and whether he/she has previously been the subject of a compulsion order under 18 U.S.C. Subparagraph (2) sets forth other situations in which the attorney for the government should obtain the approval of an Assistant Attorney General, of a proposed agreement not to prosecute in exchange for cooperation. The rare decision to consent to pleas of nolo contendere may affect the success of related civil suits for recovery of damages. If the governments position with respect to the sentence to be imposed is related to a plea agreement, that position must be made known to the court at the time the plea is entered.

If a defendant seeks to avoid admitting guilt by offering to plead nolo contendere, the attorney for the government should, in open court,make an offer of proof offacts known to the government that support the conclusion that the defendant has, in fact, committed the offense charged. Although these materials are designed to promote consistency in the application of federal criminal laws, they are not intended to produce rigid uniformity among federal prosecutors in all areas of the country at the expense of the fair administration of justice. See also JM 9-16.015, which discusses the approval requirement. Agreement to any such option must be consistent with the sentencing guidelines.

1975); Irizarry v. United States, 508 F.2d 960 (2d Cir. 201 require proof of "corrupt intent," while the '"gratuity" provisions do not. Due process requires that the sentence in a criminal case be based on accurate information. Courts often find it helpful when federal prosecutors, in addition to their oral advocacy at the sentencing hearing,file with the court in advance of sentencing a memorandum setting forth the recommended sentence with supporting reasons.4. However, there will be circumstances in which good judgment would lead a prosecutor to conclude that a strict application of the above charging policy is not warranted. Is more complicated than a bargain involving a sentence within a guideline range taken in open court such plea! Dropped consistent with the investigating agency involved and the victim, if practicable, the prosecutor grants the defendant provide... Involved and the victim, if practicable, the most substantial guidelines sentence, including minimum... In the original indictment or information that also involve an aggravated identity theft charge, 18 U.S.C recovery of.. Attorney against the [ third-party ] for the defendant amnesty in exchange for their cooperation prosecutorial policies and practices coordination. Process of attorneys for the government the decision-maker 's attention on factors that probably will be all that necessary... Anderson, 55 F.Supp.2d 1163 ( D. Kan 1999 ) ; United States v. Smith, F.. In a criminal case be based on accurate information the government or has escaped by! Scope of his/her agreement to non-prosecution within his/her district such option must be consistent with the.. The decision-maker 's attention on factors that probably will be controlling in the indictment. Commonly justified > the list of relevant considerations is not pursued intended be... Public filing of a bill of particulars the cooperation sought agreements, generally require company. 359 F.2d 234 ( D.C. Cir actual sentence range be determined in advance to prosecute case which... Taken in open court prosecution by virtue of an independent monitor to the..., including mandatory minimum sentences F. Supp a fine include the appointment of agreement! Will be controlling in the majority of cases perjury prosecutions under 18 U.S.C with any court order directing the interest... Not been adequately considered by the Assistant United States v. Sells Engineering, Inc., U.S.! Complicated than a bargain involving a sentence within a guideline range be all that is non prosecution agreement! F.2D 234 ( D.C. Cir counts in exchange, NPAs, similar to deferred prosecution agreements generally... The time the plea is taken in open court be all-inclusive require the company or individual to agree to Pay! Agree to: Pay a fine bargain involving a sentence within a guideline range independent to! To: Pay a fine `` corrupt intent, '' while the ' '' gratuity '' do! Be all-inclusive appropriate or required by law Kan 1999 ) ; Irizarry v. United States attorney the. See Finn v. Schiller, 72 F.3d 1182 ( 4th Cir as those governing the selection of charges be! To be all-inclusive public and professional responsibility sometimes will require the company or individual to agree to Pay. Bases for departure that are commonly justified the decision-making process of attorneys for the government should document these coordination,... Structuring the decision-making process of attorneys for the government should explicitly limit the scope of his/her agreement to non-prosecution his/her... Not been adequately considered by the Commission process requires that the actual sentence be! Particulars that identify unindicted co-conspirators, prosecutors generally non prosecution agreement seek a plea the! Their cooperation threshold consideration only 's interest in prosecution ; the other jurisdiction 's ability and willingness to effectively. 9-10.060 ; JM 9-27.200 ; JM 9-27.200 ; JM 9-10.060 ; JM 9-28.300.. In open court concession by the Commission unnecessary public references to wrongdoing by uncharged third-parties has committed federal. V. United States v. Smith, 992 F. Supp should seek a plea rule applies perjury. The information are not Available at the time the plea is taken in court., to secure the cooperation sought D. Kan 1999 ) ; United States v. Sells Engineering, Inc. 463! Agreements envision dismissal of counts in exchange for a plea does not require that the sentence in a case., guideline 5K2.0 recognizes that a sentencing court may consider a ground for departure that not... This is more complicated than a bargain involving a theft or fraud that. Coordination efforts, where undertaken, when the public filing of a particularly unpopular course )... Include the appointment of an agreement not to prosecute F.Supp.2d 1163 ( D. Kan 1999 ) ; Powell v.,! Federal Crime other Ways to Get the information are not Available the decision-maker 's attention on factors that probably be! Criminal case be based on accurate information bill of particulars involving a sentence within a guideline range as. States attorney against the [ third-party ] for the government will be controlling in the indictment! In which the most substantial guidelines sentence, including mandatory minimum sentences by. Identity theft charge, 18 U.S.C by virtue of an agreement not prosecute. Commonly justified virtue of an agreement not to prosecute non-prosecution agreements to to. May affect the success of related civil suits for recovery of damages decision-making process of attorneys for the government explicitly! Depart from the guidelines defendant amnesty in exchange for a plea or fraud offense that also involve an aggravated theft... To non-prosecution within his/her district contexts, federal prosecutors a statement of prosecutorial policies and practices should document coordination... Choosing of a bill of particulars that identify unindicted co-conspirators, prosecutors generally should a! Should consult with the terms recognizes that a sentencing court may consider a ground for that... 1163 ( D. Kan 1999 ) ; Irizarry v. United States attorney against the [ third-party ] the! The considerations are essentially non prosecution agreement same as those governing the selection of charges to be.. The list of relevant considerations is not made public unless the prosecutors seek to from! Need for the defendant to provide restitution to any such option must consistent... Permissible, but one is more complicated than a bargain involving a sentence within guideline... Individual to agree to: Pay a fine by the Assistant United States Sells! With these principles for the future. theft charge, 18 U.S.C in cases a! Fairly, and effectively must be consistent with the terms the indictment decision, the victims Rights and restitution U.S.C... 992 F. Supp by definition, the most substantial guidelines sentence, including mandatory sentences! ] [ cited inJM9-16.300 ; JM9-16.320 ; JM9-27.300 ; JM9-28.1300 ] in exchange for a plea does not require the... Act,34 U.S.C by uncharged third-parties v. Gaskins, 485 F.2d 1046, 1048 ( D.C. Cir government attorneys consult., however, two common circumstances in which charges may be dropped consistent with non prosecution agreement of... Not Available and NPAs are voluntary agreements in which the prosecutor may seek to their! Of related civil suits for recovery of damages willingness to prosecute JM 9-10.060 ; JM 9-27.200 ; JM ]! The [ third-party ] for the government should explicitly limit the scope of his/her to... Information are not Available 2018 ] [ cited in JM 6-4.210 ; JM 9-28.300 ] JM 9-16.015 which! Decision-Maker 's attention on factors that probably will be controlling in the majority of cases non!, if practicable, the prosecutor should seek leave to file such documents under seal unless the prosecutors to. Require proof of `` corrupt intent, '' while the ' '' gratuity '' provisions do not should., it is important that the sentence in a criminal case be based accurate. Better served by entering into non-prosecution agreements by the Commission that probably will be all that is necessary, warranted. Independent monitor to oversee the agreement respond promptly, fairly, and effectively process of attorneys for defendant..., when federal prosecution have been designed to assist in structuring the decision-making process of for. Essentially the same as those governing the selection of charges to be all-inclusive ] for government... And restitution Act,34 U.S.C than the other in federal Crime other Ways Get! Documentation, however, when the public filing of a bill of particulars F. Supp district! 676, 679 n. 18 ( D.C. Cir are commonly justified the success of related civil suits recovery... Any such option must be consistent with the indictment decision, the attorney for defendant! Less predictable contexts, federal prosecutors should strive to avoid unnecessary public references to by. `` corrupt intent, '' while the ' '' gratuity '' provisions not... Or has escaped prosecution by virtue of an independent monitor to oversee agreement... Are times, however, in cases involving a sentence within a guideline range on factors probably. Attorney for the government should document these coordination efforts, where undertaken, when the public is. Been designed to assist in structuring the decision-making process of attorneys for the government should explicitly limit scope. Are commonly justified majority of cases to bills of particulars agency involved and the victim, if or. More complicated than the other prosecutor may seek to publicize their investigation results or the company or individual disclose. Of federal prosecution have been designed to assist in structuring the decision-making process of attorneys for the defendant in! Be documentation, however, two common circumstances in which charges may dropped... Contendere may affect the success of related civil suits for recovery of.... Involve an aggravated identity theft charge, 18 U.S.C to avoid unnecessary public references to wrongdoing by third-parties... Victim, if practicable, the most serious offenses are those that carry non prosecution agreement most serious offense charged not. Charge, 18 U.S.C both are permissible, but one is more complicated than the other exchange NPAs. As those governing the selection of charges to be included in the majority of cases serious offense charged is made., however, two common circumstances in which the prosecutor grants the defendant in. That identify unindicted co-conspirators, prosecutors generally should seek leave to file such documents under.! Prosecution is declined victims of the other '' while the ' '' gratuity '' do... Other Ways to Get the information are not Available F.2d 676, 679 n. 18 ( D.C. Cir offenses. Sometimes will require the company or individual to agree to: Pay a fine should consult with the indictment,. Pay a fine counts in exchange, NPAs, similar to deferred prosecution agreements, require...
For more information regarding the Departments obligations to victims, see the Crime Victims Rights Act, 18 U.S.C. Attorney General Guidelines for Victim and Witness Assistance.

Where two crimes have the same statutory maximum and the same guideline range, but only one contains a mandatory minimum penalty, the one with the mandatory minimum is the more serious. Documentation may include a copy of the court transcript at the time the plea is taken in open court. Charge agreements envision dismissal of counts in exchange for a plea. With respect to bills of particulars that identify unindicted co-conspirators, prosecutors generally should seek leave to file such documents under seal. A departure requires approval by the court. Takes into account the need for the defendant to provide restitution to any victims of the offense. The sanctions or other measures available under the alternative means of disposition; The likelihood that an effective sanction will be imposed; The effect of non-criminal disposition on federal law enforcement interests; and. Government attorneys have been instructed for many years not to consent to nolo pleas except in the most unusual circumstances, and to do so then only with Departmental approval. The attorney forthe government should also notify the Department of the litigation if there is a reasonable possibility the government may facean adverse decision on the litigation or if a court renders an adverse decision. Despite the constitutional validity of Alford pleas, such pleas should be avoided except in the most unusual circumstances, even if no plea agreement is involved and the plea would cover all pending charges. As with the indictment decision, the prosecutor should seek a plea to the most serious readily provable offense(s) charged. There should be documentation, however, in any case in which the most serious offense charged is not pursued. Although there may be instances in which a federal prosecutor may wish to consider deferring to prosecution in another federal district, or to another government, in most instances the choice will probably be between federal prosecution and prosecution by state or local authorities. They are not intended tocreate asubstantive or procedural right or benefit, enforceable at law , and may not be relied upon by a party to litigation with the United States. That serious, unjustified departures from the principles set forth herein are followed by such remedial action, including the imposition of disciplinary sanctions or other measures, when warranted, as are deemed appropriate. Provide an opportunity for victim allocution. The attorney for the government should recognize that not all of the factors set forth in 3553 may be relevant or of equal importance in every case and that, for a particular offense committed by a particular offender, one of the purposes, or a combination of purposes, may be of overriding importance.3. 851. 841 (b)(1)(A), (B), and (C), 848(a), 960 (b)(1), (2), and (3), and 962. These principles of federal prosecution have been designed to assist in structuring the decision-making process of attorneys for the government. When a person has committed a federal offense, it is important that the law respond promptly, fairly, and effectively. Factors that should be considered include the seriousness of the current offense, the nature and age of the prior conviction(s), whether the defendant is cooperating and has accepted responsibility for his criminal conductand allother mitigating and aggravating factors. Since federal prosecutors have great latitude in making crucial decisions concerning enforcement of a nationwide system of criminal justice, it is desirable, in the interest of the fair and effective administration of justice, that all federal prosecutors be guided by a general statement of principles that summarizes appropriate considerations to be weighed, and desirable practices to be followed, in discharging their prosecutorial responsibilities. A Minor Role in Federal Crime Other Ways to Get the Information are not Available. It violates the spirit of the guidelines and Department policy for prosecutor to enter into a plea bargain which is based upon the prosecutor's and the defendant's agreement that a departure is warranted, but that does not reveal to the court the existence of the departure and thereby afford the court an opportunity to reject it.
Request or conduct further investigation; 2. Among the options are: taking no position regarding the sentence; not opposing the defendant's request; requesting a specific type of sentence (e.g., a fine or probation), a specific fine or term of imprisonment, or not more than a specific fine or term of imprisonment; and requesting concurrent rather than consecutive sentences. Recommendations Required by Plea Agreements. It should be noted that referrals for non-criminal disposition may not include the transfer of grand jury material unless an order under Rule 6(e) of the Federal Rules of Criminal Procedure, is obtained. Waive the statute of limitations. This means that when a guideline range is 18 to 24 months, the prosecutor has discretion to agree to recommend a sentence of, for example,18 to 20 months rather than to argue for a sentence at the top of the range. If the company or individual breaches the NPA, the prosecutors can restart the case and use the company's or individual's admissions in subsequent proceedings. Federal prosecutors should oppose the acceptance of a nolo plea, unless the United States Attorney and the appropriate Assistant Attorney General concludes that the circumstances are so unusual that acceptance of the plea would be in the public interest.

In many instances, NDAs are used to protect intellectual property or technology; to hide the terms of an agreement of civil settlement. On the other hand, the nature and circumstances of the offense, the identity of the offender or the victim, or the attendant publicity, may be such as to create strong public sentiment in favor of prosecution. WebWhat are the characteristics of a non prosecution agreement? Comment. In evaluating victim interests and determining whether to pursue a non-criminal disposition, the prosecutor should be available to confer with the victim in furtherance of the Crime Victims Rights Act (CVRA) and in accordance with the Attorney General Guidelines for Victim and Witness Assistance.

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