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Article
Optimal non-prosecution agreements and the reputational effects of convictions
International Review of Law and Economics
  • Murat C. Mungan, Texas A&M University School of Law
Document Type
Article
Publication Date
9-2019
ISSN
0144-8188
DOI
10.1016/j.irle.2019.05.003
Abstract

Many claim that non-prosecution agreements (NPAs) reduce deterrence by mitigating the reputational sanctions that would otherwise be imposed on corporations through plea-bargains. They suggest, based on this claim, that NPAs ought to be used infrequently. This article presents a signalling model wherein reputational sanctions emerge as a result of noisy signals produced through a firm's prosecution. It is shown that, if, as claimed, NPAs provide third parties with less information regarding a firm's wrongdoings, then firms would be willing to pay an NPA premium to avoid convictions. Thus, the NPA premium can be chosen to induce only those firms which would otherwise be over-deterred to accept NPAs. Therefore, offering NPAs with high premia is superior to the option of not using NPAs. The article also characterizes optimal NPAs, and identifies relationships between deterrence; frequency of NPA use; firms’ characteristics; and NPA terms. It explains how these relationships can be exploited to form and test hypotheses on whether convictions obtained through plea-bargains cause greater reputational harm to firms than NPAs.

Num Pages
8
Publisher
Elsevier
Citation Information
Murat C. Mungan. "Optimal non-prosecution agreements and the reputational effects of convictions" International Review of Law and Economics Vol. 59 (2019) p. 57 - 64
Available at: http://works.bepress.com/mungan/63/