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United States v. Fokker Services B.V.

818 F.3d 733 (D.C. Cir. 2016)

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United States v. Fokker Services B.V.

United States Court of Appeals for the District of Columbia Circuit

818 F.3d 733 (D.C. Cir. 2016)

Facts

Fokker Services B.V. (Fokker) (defendant) disclosed to the government (plaintiff) potential violations of federal sanctions and export-control laws it had committed. Fokker and the government entered into a deferred-prosecution agreement (DPA) for 18 months, during which time Fokker would cooperate with the government and implement a compliance program. The government filed criminal charges against Fokker, together with a joint motion to suspend the running of time under the Speedy Trial Act to allow the government to assess Fokker’s compliance with the DPA. The district court denied the motion because the court disagreed with the government’s decision to agree to a DPA and not to bring criminal charges against company officers. Both Fokker and the government appealed.

Rule of Law

Issue

Holding and Reasoning (Srinivasan, J.)

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