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 investigation. Under an NPA, the agency refrains from filing charges to allow the company to demonstrate its good conduct. In exchange, NPAs, similar to deferred prosecution agreements, generally require the company or individual to agree to:
Pay a fine. Waive the statute of limitations. Cooperate with the government. Admit the relevant facts.Enter into compliance and remediation commitments, potentially including a corporate compliance monitor.
NPAs are not filed with and do not involve review by a court. An NPA is not made public unless the prosecutors seek to publicize their investigation results or the company or individual must disclose the agreement. NPAs for Foreign Corrupt Practices Act of 1977 (FCPA)-related offenses are publicly available on the DOJ's website.
If the company or individual complies with the terms of the NPA, the agency will not file criminal or civil charges. 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.
End of Document Resource ID 9-608-6205 Document Type GlossaryPLC Arbitration - International, PLC US Antitrust, PLC US Bankruptcy & Restructuring, PLC US Capital Markets & Corporate Governance, PLC US Commercial Transactions, PLC US Corporate and M&A, PLC US Corporate and Securities, PLC US Data Privacy & Cybersecurity, PLC US Employee Benefits and Executive Compensation, PLC US Federal Litigation, PLC US Finance, PLC US Glossary, PLC US Intellectual Property and Technology, PLC US Labor and Employment, PLC US Law Department, PLC US Real Estate, PLC US Tax, PLC US Trusts & Estates