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hat allowed him both to escape significant punishment for his past conduct and to continue his 3 Julie K. Brown, “Perversion of Justice,” Miami Herald, Nov. 28, 2018. https://www.miamiherald.com/ news/local/article220097825 html. iv abuse of minors.
3 Julie K. Brown, “Perversion of Justice,” Miami Herald, Nov. 28,
to plea agreements, which involve the formal conviction of a corporation in a court proceeding. Memorandum from Acting Deputy Attorney General Craig S. Morford to Heads of Departmental Components and United States Attorneys at n.2 (Mar. 7, 2008), available at https://www.justice.gov/archives/jm/criminal-res
dual's nonprosecution agreement as a remedy for violation of its terms by the government. See, e.g., Clark'. Martinez, 543 U.S. 371, 381-82 (2005); Brown'. United States, 748 F.3d 1045, 1068 (11th Cir. 2014). 11 EFTA00211553 Case 9:08-cv-80736-KAM Document 385 Entered on FLSD Docket 04/22/2016 Page
nd the defendant, are never filed with the federal court and by definition precede the institution of federal criminal charges. See Memorandum from Craig S. Morford, Acting Deputy Att'y Gen., U.S. Dep't of Justice, to Heads of Department Components, U.S. Att'ys re: Selection and Use of Monitors in Deferred Pro
; Criminal Information, United States v. Kellogg Brown & Root LLC, No. 09-cr-71, ECF No. 1 (S.D. Tex. Fe
ors in Criminal Division Matters (June 24, 2009), available at hetp:/ /www. justice.gov/criminal/fraud/fcpa/docs/response3 -supp-appx-3.pdf; see also Craig S. Morford, Acting Dep. Att’y Gen., US. Dept. of Justice, Mem. to the Heads of Department Components and United States Attorneys on Selection and Use of Monitor
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