Settlement Agreement Not To Testify
This rule is likely related to all settlement agreements, including such a clause, but they are clearly outside the limits of this rule with respect to former employees who, at the time of the company`s offer, are no longer employed by the defendant who does not need its participation. « This is a crime for any person who `has knowledge of the actual commission of a crime`, to `enter into an agreement or understanding to conceal or conceal such a crime or to refrain from prosecution` (pen. Code, § 153) and an agreement not to prosecute a person for a crime is unlawful and not atrocious (Ogden v. Ford, 179 Cal. 243 [176 p. 165]; Thom v. Stewart, 162 Cal. 413 [122 p. 1069]).
The court concluded to conflicting evidence that the only consideration for the contract was the promise not to prosecute Burgess for the crime of taking money is conclusive in the appeal. (Highlighted only here).
