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Non Prosecution Agreement: A Minor Role in Federal Crime

June 24, 2020

There are many options available to a Federal prosecutor when there is a criminal case heading towards trial. When a Federal investigation is underway into a specific crime, there will usually be at least one of those involved who attempts to enter into a plea deal where information is exchanged for a lighter sentence. In many larger cases where the media and public have a vested interest in the use of a non-prosecution agreement will be an option explored by both parties involved in the exchange of information.

What is a Non-Prosecution Agreement?

A non-disclosure agreement is just one of the three options that can be explored by Federal prosecutors when they are looking for assistance in bringing their case to trial. The agreement allows federal prosecutors to the chance to allow those facing prosecution with immunity from prosecution if they provide information and prove they can have good behavior in the future.

A non-prosecution agreement differs from some of the other options open to federal prosecutors, including the deferred prosecution agreement that can last for a specific amount of time. Although both these agreements can be used and have conditions they tend to be reserved for only a few individuals and companies taking part in high-profile cases.

Conditions must be met

There are very few non-disclosure agreements produced by federal prosecutors because they tend to keep them for those who are taking part in the highest-profile cases. Even when a company or individual decides to accept their role in a prosecution and work with the federal agencies to secure their non-disclosure agreement they must maintain their good behavior.

One of the most famous cases where a non-disclosure agreement was used was that of the automaker, General Motors which agreed with prosecutors in return for evidence and future good behavior. Among the reasons why a non-prosecution agreement will be put into place is the ability of the agreement to secure the good behavior of the company in the future. In the case of GM, negligence on the part of the company led to the deaths of more than 100 people worldwide. The damaging effects of the prosecution of the carmaker were offset by a non-prosecution agreement that requires the good behavior of the company over the long-term.

Is a Non-Prosecution Agreement Legal?

Christine Twomey
Christine Twomey
2024-03-21
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Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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2024-03-15
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2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
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2024-03-12
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Bee L
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2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
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divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

The legality of non-prosecution agreements was secured in the U.S. by the passage of the Speedy Trial Act of 1974. This legal act of Congress changed the way the prosecution of some cases took place with the introduction of a framework designed to aid those who assist in federal prosecutions.

Most court cases in the U.S. must make their way to a court in less than 75 days to avoid any individual being threatened with prosecution over the long-term. The Speedy Trial Act made it easy for an agreement to be made between the different people involved in a case and the federal prosecutor’s team. The non-prosecution agreement is just one of the options, along with the traditional plea deal entered into a court through a letter detailing the terms of the agreement.

Conditions Commonly in Place

Several conditions are usually put into place by prosecutors as part of the issuing of a non-prosecution agreement, including the payment of a large fine. In most cases, the federal prosecutor will work with the Securities and Exchange Commission to agree on white-collar crimes. The other requirements usually include an agreement that the statute of limitations will be waived by the defendant who will be prosecuted if they do not stick to their side of the agreement.

The Minor Role of Non-Prosecution Agreements

There are very few non-prosecution agreements available to the members of the general public with the Department of Justice generally reserving their use for white-collar, high-profile cases. The Federal Sentencing Guidelines provide information about the use of non-prosecution agreements that are detailed as being reserved for “important” cases. There is a lack of guidance regarding the term “important” meaning discretion should be used by federal prosecutors.

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