Asked by a member of the Assembly about the terms of the „conditional warning“ to the company, the Minister of State for Finance and Law, Ms. Indranee Rajah, said: „It is not our practice to disclose the conditions of conditional warnings… In other words, conditional warnings are things that have been given by agencies in the past, but in general practice we do not disclose their exact terms. Singapore Parliamentary Debates, Official Report (January 8, 2018) (Indranee Rajah, Senior Minister of the State of Finance and Law). See www.agc.gov.sg/legal-processes/publication-of-prosecution-guidelines. If an organization does not have an effective compliance program, it is more likely that the prosecutor will decide that the prosecution is in the public interest. Australia is constantly striving to improve its approach to business crime. A new approach being considered is the introduction of agreements on deferred criminal prosecutions. Keep in mind that just because a company that avoids a criminal prosecution in the UK does not mean that it does not rule out that other jurisdictions investigate allegations of misconduct or civil suits. Under the Speedy Trial Act (18 U.S.C No. 3161-3174), U.S. federal courts are generally required to set a trial date within 70 days of laying a charge or criminal information (i.e., the indictment that lays out the charges against the accused). However, this period may be extended in accordance with section 3161 H) (h) because „prosecutions brought by government counsel are deferred on the basis of a written agreement with the defendant, with the court`s consent, to allow the defendant to prove his good conduct.“ The U.S.
Department of Justice (DOJ) began using more and more DPA after the criminal conviction of the public audit firm Arthur Anderson, which culminated in his work for Enron, which led to the closure of the company. On appeal, the conviction was eventually quashed; But the damage was already done. The victims included unemployed people, concerned investors and markets. Data protection authorities also address the defendant companies because they offer a complete solution to allegations of misconduct, without the company being held accountable for the potentially devastating consequences of criminal liability, such as loss of licence or prohibition. Recently, the U.S. Securities and Exchange Commission (SEC) began using DPAs to resolve civil cases in its jurisdiction. Among the drawbacks of a CCA is the fact that the Crown may use certain CCA-related documents in subsequent court proceedings if a data protection authority is not approved or approved by the Court. We discuss the main pros and cons below.