How the New French Guidance on Deferred Prosecution Eligibility Affects Settlement Negotiations

The Parquet National Financier (PNF) and the French anti-corruption agency (L’Agence Francaise Anticorruption or AFA) recently published guidelines setting forth the conditions companies must meet to be eligible to enter into a Convention Judiciaire d’Intérêt Public (CJIP), the French version of a deferred prosecution agreement, as well as details about how financial penalties are determined. The Guidelines have substantial overlap with those issued by the U.K. Serious Fraud Office and DOJ, but there are differences. In a guest article, Roger Burlingame, Karen Coppens, Laurent Martinet and Jacques Sivignon, partners at Dechert, discuss how this broad international alignment and increasingly clear set of rules presents new opportunities for companies navigating investigations by French authorities that implicate other jurisdictions. See “SFO Guidance Moves Toward Transparency but Offers No Guarantees” (Sep. 18, 2019).

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