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Deferred prosecution agreements (DPAs) are the tool of choice for federal prosecutors when adjudicating corporate misconduct. A DPA is a negotiation that permits the allegedly guilty party from undergoing a criminal trial if they avoid committing further wrongdoing for a specified period. This paper aims to examine whether DPAs are a beneficial mechanism for the criminal justice system to use while adjudicating corporate misconduct. By conducting in-depth semi-structured qualitative interviews with 24 practitioners in the legal field and white-collar crime experts, this study identifies the shortcomings and advantages of DPAs and highlights what policy enactments might enhance their application. The study contributes to the existing literature by expanding the narratives used by judicial officials, legal practitioners and white-collar crime scholars on the role of DPAs.

The current study is an in-depth qualitative analysis that explores judicial actors’ and white-collar crime scholars’ opinions on the adoption of DPAs to adjudicate corporate misconduct. The literature on DPAs is currently derived primarily from law and literature reviews published by legal scholars. Clandestine negotiations are not accessible to the public and are frequently kept in sealed files unless a breach of contract occurs, resulting in the case proceeding to trial. Hence, a qualitative analysis is the best approach to evaluate the effectiveness of DPAs. Further, little evidence is available that focuses on the opinions of professionals who have participated in these agreements. The interviews were conducted over Zoom and lasted an average of 43 min, with the longest interview spanning 1 h and 45 min and the shortest interview being 14 minutes. A non-probability sampling method – specifically, snowball sampling – was used to generate a total sample of 24 legal professionals and white-collar crime scholars. Initial participants were found by contacting law offices specializing in white-collar crime litigation and using current networks to attain access to a broader range of participants. Then, 19 participants provided referrals throughout the study. The final sample consisted of nine government officials, eight legal practitioners and seven white-collar crime academics experts. One of the government official interviews was excluded from the final research project due to a lack of expertise in the field of white-collar crime. The interview questions were designed to promote in-depth conversation and insight into personal opinions on the adoption of DPAs. Several inquiries highlighted whether DPAs are an appropriate response to corporate misconduct and whether they reduced recidivism through their intended deterrent effect. Furthermore, several descriptive questions sought to understand which criminal justice actors support the adoption of DPAs in white-collar crime cases and why. Coding of the data was first conducted individually by each author. The researchers then compared thematic findings that reflected consensus.

An immediate theme identifiable in the research is the intrinsic value that DPAs offer in adjudicating corporate wrongdoing. As indicated by a participant, corporate misconduct is not “black or white,” stressing the importance of prosecutors having a middle ground between criminal prosecution and the dismissal of charges. A judicial official indicated that “DPAs are another essential arrow in a prosecutor’s quiver – and something a defense attorney can bargain for” (Respondent 5). Seven government officials and legal practitioners noted that you are unable to send a corporation to jail, and you do not simply want to put them out of business; thus, a DPA is the only tool in which the government can mandate structural change in a company without dismantling the entire entity. Only three academics concurred with the government officials and legal practitioners that DPAs are beneficial and offer prosecutors a vital middle ground. One academic, for example, stated that “DPAs have given U.S Attorney offices that ability to be involved for a considerable amount of time in a company's business, while simultaneously promoting change within the entity” (Respondent 14). Additionally, DPAs ensure that corporations are held criminally liable without triggering an endless cycle of collateral consequences for innocent third parties. One legal practitioner, for example, stated: “Just look at the Enron case; they charged Arthur Andersen with obstruction of justice and dismantled the entire entity they made it where the business was never going to come back. A small subset of individuals, in this case, should have been held responsible but instead, hundreds and if not thousands of people were harmed. With this in mind, DPAs are extremely important, in that it limits collateral consequences because DPAs take a more holistic view that criminal prosecution does not consider” (Respondent 21). Another respondent highlighted that “DPAs are the only tool available that can be employed to change an entire organization structurally” (Respondent 20). Ultimately, the findings suggest that there is a consensus among respondents that DPAs are an appropriate response to corporate misconduct, particularly when the agreement stipulates that a company must hire an external compliance monitor and update their current compliance system. Overall, participants emphasized that these stipulations promote a sense of corporate accountability, provide for the dismissal of guilty employees and mandate structural change. The majority of the respondents (n = 20) insisted that DPAs are advantageous, yet a subset of participants were skeptical of their use in white-collar crime prosecutions. One legal practitioner, for example, noted that “DPAs are political creatures that are awarded as political favors to the largest of corporations that our economy relies upon” (Respondent 17). Another government official confirmed this statement, indicating that “DPAs are a mere slap on the wrist for large corporations – they simply see it as doing business” (Respondent 6). Four academic participants emphasized that DPAs are typically negotiated with multi-level corporations and are not extended to the small businesses that suffer the dire consequences of criminal prosecution. One academic, for instance, stressed that “the question becomes is it fairly applied and being implemented properly. Larger companies are more likely to receive and benefit from a DPA, thus, raising the question of fairness” (Respondent 12). Another academic who was previously a government official stated: “DPAs risk abuse – there have been several instances where prosecutors have forced companies to donate money to favored charities and overstepped their powers. Sometimes DPAs also come with monitors. For example, banks typically have to pay for the auditor, and it becomes extremely intrusive, and it it not clear that they are efficient.”

Several limitations exist in this research. First, it is not a comprehensive study that is representative of the larger population, which limits generalizability. Given the contention of research on DPAs, this qualitative research contributes to the literature, and its findings are likely transferable to multiple settings in which DPAs are used. Second, DPAs are processed and drafted differently across jurisdictions; thus, comparing DPAs across state levels and among departments in the federal government would be equivalent to comparing apples to oranges. This comparison is yet another limitation to the study because criminal justice practitioners operate in both the state and federal jurisdictions. Another challenge in the current study and something that likely will be a problem for future researchers is the difficulty of gaining access to experts in an exclusive field of criminal justice, such as federal prosecutors, Department of Justice officials, federal judges and elite corporate defense attorneys. Ultimately, several obstacles arose during the study, particularly when recruiting participants to gain a large enough sample size to conduct meaningful analysis. This resulted in smaller sample size but rich, in-depth data that achieved saturation among participants.

Several policy implications are identifiable. First, it appears that DPAs are a mainstay of white-collar crime prosecution. No participants advocate for their complete removal from the prosecution process. Participants highlight that DPAs occupy an essential middle-ground between dismissal and criminal charges. Without this mechanism, prosecution would be impeded, and holding corporate criminal actors liable would increasingly become formidable. Although it appears that the system cannot function without DPAs, several respondents emphasize that we must begin to hold individuals accountable alongside corporations. Another policy implication that a minority of participants mentioned within the study involves ensuring that our compliance monitoring system operates appropriately. A majority of participants note that the overarching stipulation that promotes structural change within an organization is adopting a functioning compliance monitoring system, thus, emphasizing the importance of this process operating smoothly and ethically. The selection of an independent compliance monitor may be problematic. For example, a former government compliance monitor notes that not all monitors are experts in the field they are overseeing. A pharmaceutical expert, for example, may be attempting to regulate an automotive organization, which may present unique challenges. An agency of federal professionals dedicated to supervising specific industries such as automotive, pharmaceutical and financial would ensure that organizations are actually implementing the terms of the DPA.

Ultimately, the current research highlights the necessity of empirically studying the benefits and drawbacks of such agreements. Future research on the topic remains onerous due to the scarcity of a centralized database that contains extensive details of DPAs. The present study suggests that the verdict on DPAs is undecided, with more than half of the study's criminal justice professionals advocating for their continued and even increased use. However, about half of the participants, particularly academics, called attention to the agreements’ potential bias. The disagreement among participants is most contentious in the consideration of a DPA centralized database which would immensely aid future research and policy advancements.

Employing cognitive dissonance theory, this study examines how consumers’ preexisting attitudes toward an issue, value involvement with the issue and consumer-company identification (CCI) influence their reactions to corporate social advocacy (CSA) through cognitive dissonance.

Study 1 conducted a 2 (CSA position: pro vs anti) × 3 (preexisting issue attitude: pro vs neutral vs anti) online quasi-experiment. The CSA messages were created in the context of same-sex marriage(s). Study 2 tested the hypotheses using an online survey in the context of gun control.

The results indicated that a conflict between consumers’ preexisting attitudes and a corporation’s stance on a controversial issue led to cognitive dissonance, which further led to consumers’ perceptions of the corporation being biased in both studies. Study 1 and Study 2 suggested a mixed effect of cognitive dissonance on participants’ inclination to disidentify with the corporation. Preexisting CCI appeared to have a direct negative influence on cognitive dissonance; however, value involvement and preexisting CCI were not found to significantly enhance the influence of consumers’ attitudes toward CSA on cognitive dissonance.

The study first extended the theoretical discussion of cognitive dissonance to a trendy strategic communication context. The results help public relations practitioners to better understand the segmented public groups and the risk of taking a stance on controversial issues.

This study aims to examine the role of different forms of corporate social advocacy (CSA) in shaping individuals’ attitudinal and behavioral intentions towards companies taking their public stand on controversial socio-political issues. With an online experiment as the research method, this study tests whether depicting nonpolitical or political behaviors in CSA messages increases individuals’ positive behavioral intentions.

This study uses a single factor between subject online experiment. A total of 135 US young adults were recruited through a Qualtrics online panel. Three social media mockups were created to manipulate three levels of actions in CSA messages (no action, nonpolitical action and political action). Participants viewed one of those social media posts depicting presented actions to counter anti-LGBTQ + legislation in the USA and answered questions about values-driven motives behind CSA, brand preference and positive word-of-mouth (WOM) intention.

Participants displayed higher levels of brand preference when they viewed CSA messages depicting the company’s political action intended to repel anti-LGBTQ + legislation. Participants showed more positive WOM intentions towards the company when they perceived its political actions as more values-driven.

The findings of this study offer practical insights to companies when designing CSA messages and strategies. The results of this study indicate that the presence of political actions in CSA communication increases individuals’ positive behaviors towards companies. The results also suggest that depicting altruistic motives behind CSA leads individuals to talk about companies more in positive ways.

This study is one of the early studies investigating the impact of various forms of CSA on individuals’ attitudinal and behavioral intentions to companies practicing CSA. This study provides practical implications on how to effectively appeal individuals’ favorable attitudes and behaviors towards CSA. In particular, this research presents the importance of action aspects in individuals’ attitudes toward corporations’ CSA messages.

The present research aimed to identify the motivations, needs, wants, preferences and limitations of corporate professionals with regard to business social analytics.

Online interviews were conducted with 26 professionals the majority of whom work at the management level at 20 reputable corporations in Turkey. Both qualitative and quantitative data was collected during these interviews, which lasted an average of one hour.

The findings shed light on the motivations of corporate professionals for monitoring social media and other digital media, their perceived capability and limitations in doing so, the media that they monitor and wanted to monitor if possible, their criteria and processes for working with service providers in the field of business social analytics, their needs which are not fully met by service providers, their suggestions on service improvement and their reflections on how internal and external customer data can be analyzed with an integrated approach.

This research is an attempt to bridge the gap between the priorities of engineers who generate artificial intelligence for the purposes of social listening and analytics and the end users, e.g. corporate communication professionals. Only by doing so, this field, which is getting more and more important as people spend more time online, will reach its full potential and benefit corporations by providing fruitful insight upon which strategic steps can be taken.

Fake news stories have become a central element of crises that corporate public relations practitioners have confronted. Whether such stories are rumors, outright lies or deliberate attempts to discredit corporations, they have the same impact and require specific strategies for public relations practitioners to effectively respond. The purpose of this study is to uncover strategies to manage crises that arise from fake news and if and how these strategies differ for other corporate crises.

In this multi-method study of 21 in-depth interviews and a 8-person focus group with senior-level corporate public relations practitioners, authors explored decision-making strategies for responding to fake news crises. Transcripts of interviews and the focus group were thematically analyzed.

Results reveal insights regarding how public relations practitioners determine if and when to respond to fake news crises in corporations; what response strategies public relations practitioners have the autonomy to employ for fake news crises in corporations, and how public relations practitioners control media narratives during fake news crises in corporations.

The findings guide public relations practitioners to craft an autonomous decision-making process and effective online listening strategies—establishing a watchful waiting approach—and determine if the fake news issue is a passing moment or movement swirling into a crisis.

Few studies have examined the perspectives of crisis communication experts about minimizing and managing fake news crises. The study identifies opportunities for future research focused on crises originating from fake news and disinformation.

The provision of facilities management (FM) services, facilitated by a well-suited sourcing strategy, significantly influences the optimization of dwelling unit performance, augmentation of occupants’ living experiences and the establishment of a secure and comfortable environment. Consequently, this study aims to examine the sourcing approach used for delivering FM services in social housing within Nigeria’s semi-arid climate and to assess the effectiveness of the chosen sourcing approach in the provision of FM services.

Data collection involved one-on-one interviews conducted with five principal/senior staff members of the Borno State Housing Corporation in Maiduguri, Northern Nigeria. For data analysis, the NVivo R1 software package and Stata 13.0 were used. Thematic analysis was applied to the data, and the findings were presented through narrations and direct quotes from participants. Logistic regression analysis was subsequently used to assess the effectiveness of the adopted in-house approach in providing FM services in the context of social housing.

Administrators of social housing in the semi-arid climate of Nigeria exclusively adopted an in-house sourcing approach for providing FM services. Nevertheless, the in-house approach was conclusively determined to be ineffective in delivering FM services within the specific context of social housing in the semi-arid climate of Nigeria.

This investigation centred on examining the sourcing strategy used by social housing administrators for delivering FM services in social housing within a semi-arid climate of Nigeria. Additionally, the study delved into evaluating the efficacy of the chosen sourcing approach in the actual provision of FM services.

Corporations are confronted with growing demands to take a stand on socio-political issues, i.e. corporate social advocacy (CSA), which affects their reputation in the public. Companies use different CSA message strategies, including calling the public to support and act on the issue they advocate. Using reactance theory, the authors investigate the impact of CSA messages with a call to action on corporate reputation in the case of a company's gender equality initiative.

A one-factorial (CSA message with or without a call to action) between-subjects experiment was conducted by surveying 172 individuals living in Switzerland. The CSA messages were created in the context of gender equality.

The authors' study indicates that CSA messages with a call to action compared to those without overall harmed corporate reputation due to individuals' reactance, which is higher for CSA messages with a call to action, negatively affecting corporate reputation. The impact of the CSA message strategy with a call to action on corporate reputation remains significant after controlling for issue alignment and political leaning.

Communicating about socio-political issues, especially taking a stand, is a significant challenge for corporations in an increasingly polarized society and has often led to backlash, boycotts and damage to corporate reputation. This study shows that the possible adverse effects of advocating for socio-political issues can be related to reactance. It emphasizes that companies advocating for contested issues must be more cautious about the message strategy than the issue itself.