|Quoting Joni (Thread starter):|
What exactly is a "non-prosecution agreement"? I'm not a lawyer, but I got the impression from school that people or companies don't get any kind of immunity from punishment if they commit crimes.
In the agreement, which covers a two-year period, Boeing agrees not to commit any criminal offenses related to stealing of other companies' sensitive procurement information or the laws governing federal bribery, graft and conflict of interest.
If a non-executive level Boeing employee violates the agreement, that's not a violation by Boeing.
"Drawing the line between executives and other employees is a little crude," said Columbia University Law Professor John Coffee. "I don't think you want to tell non-executive employees they are legally immune and can't get the company in trouble. You want the company monitoring all employees."
"Under this agreement, Boeing gets a pass," said University of Connecticut Law Professor Leonard Orland. "It's pretty good negotiating. That's amazing. Nobody else has it."
It means that over the past couple of years, we have gone from convicting corporate criminals for corporate crimes, to allowing them to get off with deferred and non-prosecution agreements, to the low point of the Boeing non-prosecution agreement, which says that even if Boeing violates the agreement, it's not a violation.
|Quoting Leskova (Reply 3):|
Unbelievable - so they're agreeing to abide by the laws of the United States of America... well... at least for two years?? Great!
And better yet...
|Quoting Leskova (Reply 3):|
On a somewhat bizarre level, it's nice to see that, when companies are big enough, they're just as exempt from large parts of legislation (and, obviously, common sense on the legislation-side) on both sides of the Atlantic...
|Quoting Atmx2000 (Reply 4):|
|Quoting Gte439u (Reply 8):|
At least the authors provided a quote from the corporate law firm Baker Botts, ""It's an odd and unusual provision," said Ryan McConnell of Baker Botts in Houston who has closely followed the rise of corporate deferred and non-prosecution agreements. "I've never seen it before."
|Quoting Leelaw (Reply 9):|
Mr. McConnell may well be an expert on such agreements, particularly if he's a former Assistant U.S. Attorney or Department of Justice lawyer
|Quoting Gte439u (Reply 10):|
"I don't think you want to tell non-executive employees they are legally immune and can't get the company in trouble. You want the company monitoring all employees."
|Quoting Robsawatsky (Reply 11):|
The non-executives aren't legally immune, their actions just aren't considered actions by the company. However, I'd venture that should the company (i.e. the executive level) actually take advantage of the illegal activities of a non-executive employee or knowingly condone such illegal activities the executives would lose any protection.