Do Deferred Prosecution Agreements Create Third Party Beneficiaries?

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2 Responses

  1. Frank says:

    Great questions. As of 2008, there were “no established metrics by which to measure the respective costs and benefits of this enforcement approach.” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1317072

    I have to wonder whether prosecutors, their friends, political allies, or associates may benefit from such deals by referring monitoring business. See, e.g.,
    http://www.usatoday.com/news/washington/2008-03-11-ashcroft_N.htm

  2. Lawrence Cunningham says:

    Thanks to the wonders of modern technology (the blog on the internet), I am now aware of a seminal article endorsing third party beneficiary doctrine as a valid route, at least as to commercial parties and agreements settling alleged antitrust violations: Charles A. Sullivan, Enforcement of Government Antitrust Decrees by Private Parties: Third Party Beneficiary Rights and Intervenor Status, 123 U. Pa. L. Rev. 822 (1975).