Law360, New York ( July 14, 2015, 10:12 AM EDT) -- The U.S. Department of Justice's Antitrust Division has continued in recent years its vigilant enforcement of the Sherman Act, prosecuting individuals and corporations criminally for antitrust violations. In 2014, the Antitrust Division charged 44 executives and 18 companies with price-fixing, bid-rigging and fraud offenses and obtained over $1 billion in criminal fines and penalties as well as jail sentences for 21 individuals. In a number of recent cases, the DOJ has extracted heavy criminal fines and prison sentences, including a $500 million fine against AU Optronics Corp. and a record-setting 60-month prison sentence imposed on Frank Peake, the former president of Sea Star Line LLC. These prosecutions and others appear to be contributing to a desire by parties to enter into plea agreements early. The DOJ has welcomed this trend as an "efficient and appropriate way to resolve criminal price-fixing allegations." However, there are pros and cons to entering into a plea agreement in criminal cases, and it is important for defendants to approach plea negotiations in a strategic and informed manner....
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