The HSBC DPA — Approved, But At What Cost?

Law360, New York ( July 8, 2013, 3:09 PM EDT) -- What is the court's role when the U. S. Department of Justice resolves a criminal investigation through a deferred prosecution agreement? It is not, according to U. S. District Judge John Gleeson of the Eastern District of New York in United States v. HSBC Bank USA, to be a "potted plant. "[1] Rather, according to Judge Gleeson, a court has authority to approve and oversee the implementation of the DPA pursuant to its "supervisory power. " Yet despite this broad statement of judicial authority, Judge Gleeson ultimately afforded "significant deference" to the government's prosecutorial discretion and approved the HSBC DPA "without hesitation. ". . .

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