Companies’ Denial of Guilt Is New Twist in Prosecution Deals

How can the government reach a deferred prosecution agreement with a company that denies it did anything wrong? That's the question raised by the apparently unprecedented DPAs that U.S. Attorney Christopher Christie recently signed with several manufacturers of orthopedic implants. Rather than push for admissions of guilt, Christie used his muscle to win corporate governance reforms. Key among them: All five companies had to hire federal monitors -- chosen by Christie -- to supervise the reforms.

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