Outing Companies That Avoid Charges a Dilemma for US Prosecutors

The Justice Department is wrestling over how to provide greater transparency into when it ends investigations of companies without pressing charges, former officials said.

Such coveted resolutions, known as declinations, are usually concealed from the public, as details of their existence are sought by the defense bar and other businesses considering whether to self-report white-collar crime.

But DOJ is also motivated to show its work, knowing it will give companies more certainty that turning themselves in won’t backfire.

Internal DOJ deliberations and discussions with outside counsel over ways to make the process less opaque have a major obstacle to overcome, ...