H.R. 8860 — Corporate Prosecution Reform Act

This section expresses the sense of Congress that corporate crime prosecutions should receive the same rigor as individual prosecutions, that deferred prosecution agreements and non-prosecution agreements should be used only when they serve the public interest and produce meaningful reforms, and that penalties under such agreements should hold defendants accountable, compensate victims, prevent recidivism, and deter future offenses.

This section defines a business entity as a corporation, association, partnership, limited liability company, limited liability partnership, or other legal commercial entity, and defines a corporate offense as a violation of Federal law by such an entity or its employee in the course of employment, or any other violation designated by the Attorney General. It prohibits court approval of deferred prosecution agreements for corporate offenses resulting in loss of life or serious bodily injury, relating to treason, espionage, terrorism, money laundering, slavery, forced labor, or human trafficking, or involving a defendant with a prior similar corporate offense or deferred prosecution agreement. It requires courts to determine that any approved agreement serves the public interest, holds the defendant accountable, compensates victims, prevents future violations, and deters similar offenses; mandates that victims receive rights under section 3771 plus at least 15 days’ notice to confer with the government and an opportunity to be heard before approval; and authorizes ongoing judicial review of agreement implementation and modifications.

This section establishes an Office of Corporate Enforcement within the Department of Justice, headed by a Director who reports to the Deputy Attorney General, to monitor compliance with deferred prosecution agreements and non-prosecution agreements in corporate cases and report violations. It requires the Attorney General to issue and publish guidance standardizing the use of such agreements to achieve justice for victims, prevent recidivism, and deter offenses; mandates public posting of agreement texts, parties, offenses, penalties, monitor terms, and prior agreements within 30 days of approval or finalization; requires disclosure of all such agreements in effect since 1993 within one year for current agreements and three years for historical ones; and prohibits non-prosecution agreements for corporate offenses.

This section renames the Bureau of Justice Assistance grant program from white collar crime to cyber and financial crime and replaces all references to the former term with the latter throughout the authorizing statute (34 U.S.C. 10721 et seq.). The program continues to provide training and technical assistance to state and local law enforcement on high-tech crime, economic crime, and Internet-based crime against children.