The latest FCPA Deferred Prosecution Agreement: will Congress’s new DPA procedures reach FCPA DPAs, and will non-U.S. governments sue as “crime victims” under the CVRA?

The fact that the LBI DPA did not provide for restitution to any of the governments involved in LBI’s alleged bribery raises the question of whether the DPA, which was approved promptly after it was submitted to the District Court for the District of New Jersey, will withstand challenge should restitution be sought by any of the governments involved.