// PRIOR //WIKI :: THE DPA CAROUSEL //WIKI :: DPA CAROUSEL //
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the DPA carousel

entry · concept · the corporate equivalent of the presidential pardon

summary

A Deferred Prosecution Agreement (DPA) is a settlement mechanism in which the U.S. Department of Justice (or another regulator) charges a company with criminal conduct, then defers prosecution for a fixed period — typically three to five years — in exchange for the company paying a fine, accepting an outside monitor, and committing to compliance reforms. If the company complies during the deferral window, the charges are dismissed. The criminal charge is filed and immediately suspended. The company never goes to trial. Used selectively, the DPA is a reasonable tool for resolving genuinely first-time corporate misconduct without destroying viable companies. Used systematically — as it has been since the early 2000s — it is the corporate equivalent of the presidential pardon: a mechanism for extinguishing prosecutorial leverage before it can produce a verdict.

the receipts (selected)

the structural features

why this matters to PRIOR

The DPA carousel is the modern iteration of the Nixon pardon applied at corporate scale. It is the mechanism by which prosecutorial leverage is extinguished before a verdict. Every cycle PRIOR indexes after roughly 2002 has been processed through some variant of this mechanism — the DPA, the consent decree, the deferred sentencing, the structured settlement. The receipts were collected. The defendants paid the fines. The conduct was not adjudicated. The mechanism does not reform the conduct; it monetizes it.

"the receipts were filed. the trial never happened. the company paid the fee and kept the franchise."

sources