Criminal Liability

Governmental Breach of Deferred Prosecution Agreements
Stolt-Nielsen, S.A., et al v. United States of America
No. 06-97
Supreme Court of the United States

The Supreme Court declined to consider whether separation of powers doctrine bar courts from enforcing deferred prosecution agreements against the government and thereby preventing the indictment of companies who entered into such agreements.  In this case, Stolt-Nielsen participated in the Antitrust Division's Leniency Program and was promised it would not be indicted.  In exchange for that promise, Stolt-Nielsen waived its rights and provided significant information about its own misconduct and that of other companies in its industry.  Unilaterally withdrawing from the agreement, the Antitrust Division has now indicted Stolt-Nielsen and contended that federal courts cannot circumscribe prosecutorial discretion by enforcing deferred prosecution agreements.  In its brief, NCLC described the awesome power of a corporate indictment in a wide-range of areas from government contracting to financing agreements to customer relationships.

Amicus brief filed 9/20/06. Cert. denied 10/30/06.

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