A non-prosecution agreement (NPA) is a negotiated contract between a U.S. Attorney's office and a target of a federal investigation. In exchange for avoiding prosecution, the target typically agrees to cooperate with the government, pay restitution, comply with certain conditions, or plead guilty to lesser state charges. Unlike a deferred prosecution agreement, which involves a formal court filing, an NPA is a private agreement between the parties and does not require judicial approval.
NPAs appear in white-collar crime, corporate fraud, and national security cases, but they have also been used in criminal investigations of individuals. The 2008 agreement between U.S. Attorney Alexander Acosta and Jeffrey Epstein is a prominent example: it allowed Epstein to avoid a 60-count federal indictment by pleading guilty to two state prostitution charges, and it granted immunity not only to Epstein but also to unnamed "potential co-conspirators." A federal judge later ruled the agreement violated the Crime Victims' Rights Act because prosecutors concealed its terms from Epstein's victims until after it was signed.
NPAs are controversial because they operate largely outside of public and judicial scrutiny. A defendant who receives an NPA avoids the public trial process, and the government's reasoning for offering the deal is rarely explained in open court. Critics argue NPAs allow prosecutors to grant sweeping immunity with no accountability mechanism, particularly when the agreement shields unnamed third parties.
NPAs let federal prosecutors resolve investigations without trials, which can spare victims the trauma of public proceedings. But they also allow guilty parties and their enablers to avoid public accountability. When an NPA's terms are kept secret and victims aren't notified, the agreement can shield an entire criminal network from prosecution for years.
People often think NPAs are the same as plea bargains. In practice, a plea bargain results in a guilty plea entered in open court and reviewed by a judge. An NPA is a private contract that never goes before a court at all, which means there's no judicial check on whether the deal is appropriate.
NPAs let federal prosecutors resolve investigations without trials, which can spare victims the trauma of public proceedings. But they also allow guilty parties and their enablers to avoid public accountability. When an NPA's terms are kept secret and victims aren't notified, the agreement can shield an entire criminal network from prosecution for years.
People often think NPAs are the same as plea bargains. In practice, a plea bargain results in a guilty plea entered in open court and reviewed by a judge. An NPA is a private contract that never goes before a court at all, which means there's no judicial check on whether the deal is appropriate.