An Alternative to Conviction in Business and White-Collar Fraud Cases
If you’re facing white-collar criminal charges—such as business fraud, wire fraud, or false statements—the fear of conviction is real. But not all federal or state cases end in trial or jail time. In fact, under the right circumstances, you may be eligible for a Deferred Prosecution Agreement (DPA)—a powerful tool that can help you avoid a criminal record altogether.
At Simmons & Wagner, we’ve seen how prosecutors use DPAs as both a pressure tactic and a negotiation tool. As former Orange County District Attorneys, we also know when they’re worth considering—and when you should push for dismissal or acquittal instead.
Here’s everything you need to know about how DPAs work, who qualifies, and whether they might be the right option for your defense.
What Is a Deferred Prosecution Agreement (DPA)?
A Deferred Prosecution Agreement is a formal arrangement between the government and a defendant (either an individual or company), where prosecutors agree to pause or defer criminal charges in exchange for certain conditions being met.
If you complete the terms of the agreement successfully, the charges are typically dropped, meaning:
- No conviction is entered
- No jail time is served
- You avoid a permanent criminal record
However, if you fail to meet the terms, prosecutors can reinstate the original charges and resume prosecution.
Common Conditions of a DPA in Business Fraud Cases
DPAs are tailored to each case, but often include:
- Admitting certain facts or wrongdoing (without a guilty plea)
- Cooperating with ongoing investigations
- Paying restitution or financial penalties
- Agreeing to compliance monitoring or business reforms
- Avoiding further legal violations for a set period (usually 12–36 months)
While DPAs can be tough, they offer a second chance—and may be far better than risking trial or accepting a felony plea.
Who Qualifies for a Deferred Prosecution Agreement?
Not every defendant is eligible for a DPA. Prosecutors consider several factors, including:
- Whether this is your first offense
- The seriousness of the alleged fraud
- Whether you personally profited from the misconduct
- Whether you’ve taken steps to correct or disclose the issue
- Your willingness to cooperate with authorities
- The strength of the government’s case
DPAs Are Most Common In:
- Small business loan fraud (e.g., PPP loans)
- Regulatory violations or compliance failures
- Embezzlement or mismanagement by non-executives
- Accounting or securities disclosure issues
- Cases with weak or circumstantial evidence
At Simmons & Wagner, we help clients position themselves for DPA eligibility through early negotiations, evidence framing, and behind-the-scenes advocacy.
Why Prosecutors Offer DPAs
DPAs aren’t just beneficial to defendants—they serve strategic purposes for the government too. Prosecutors may offer a DPA when:
- They want to avoid trial in a complex case
- They want cooperation in prosecuting others
- They’re concerned the evidence may not secure a conviction
- The defendant has remediated the issue and no longer poses a risk
In white-collar crime, prosecutors often want accountability, restitution, and a public example—not necessarily to destroy reputations or businesses unnecessarily.
Risks of a Deferred Prosecution Agreement
While DPAs offer a path forward, they come with risks:
- You may have to admit facts that could be used in civil lawsuits
- Failing to meet DPA terms can reactivate prosecution
- Some agreements may contain monitoring requirements that affect your business
- The public may still learn of the agreement, impacting your reputation
Before entering into a DPA, it’s crucial to consult experienced legal counsel to negotiate the terms and fully understand the consequences.
How Simmons & Wagner Can Help
As former prosecutors, we know how to initiate DPA discussions, negotiate favorable terms, and protect your long-term interests. We’ve helped clients:
- Avoid prison sentences
- Prevent felony convictions
- Keep their professional licenses
- Maintain ownership of their business
- Protect their family and financial future
We approach every white-collar case with one goal: preserving your freedom and your future. Whether through dismissal, trial, or a strategic resolution like a DPA, we fight for the best possible outcome.
Accused of Business Fraud? A DPA Could Be the Solution.
If you’re facing fraud charges or are under investigation, don’t assume your only options are pleading guilty or going to trial. A Deferred Prosecution Agreement may give you the resolution you need—without the lifelong consequences of a conviction.
Contact Simmons & Wagner today for a confidential consultation. We’ll help you understand your options, defend your rights, and fight for your second chance.