Location Drives Tough Calls on Confessing Corporate Crime to DOJ

Lawyers for corporations thinking about confessing misdeeds in exchange for heightened leniency from prosecutors are weighing where they can get the better deal: Justice Department headquarters or a US attorney’s office.

Counsel may have a clearer path to avoiding charges through a process known as declination by walking into the Criminal Division in Washington. DOJ’s January policy revision spelled out how even companies with aggravating circumstances, such as senior executive involvement or recidivism, can earn a declination by voluntarily disclosing misconduct.

Or, defense attorneys may still benefit by reporting to a friendlier local US attorney’s office, where they may have ...