Outing Companies That Avoid Charges a Dilemma for US Prosecutors

Nathaniel Mendell spoke with Bloomberg Law about the U.S. Justice Department providing transparency when it ends investigations of companies without pressing charges, also known as declinations. 

“Publishing the declinations or having a repository we thought would create a system we’re all very familiar with, kind of a common law system, where you can look back at decisions that have been made and the rationale and apply them to your particular situation,” said Nathaniel, who was the Acting U.S. Attorney in Boston through February 2022.

“But even that solution is imperfect, as the department may need to avoid providing so much detail that industry insiders could still determine the company’s identity,” he added.

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