A. General Principle: In deciding whether to charge a corporation, prosecutors should consider whether charges against the individuals responsible for the corporation’s malfeasance will adequately satisfy the goals of federal prosecution.

B. Comment: Assessing the adequacy of individual prosecutions for corporate misconduct should be made on a case-by-case basis and in light of the factors discussed in these Principles. Thus, in deciding the most appropriate course of action for the corporation – i.e., a corporate indictment or guilty plea, a deferred prosecution or non-prosecution agreement, or another alternative – a prosecutor should consider the impact of the prosecution of responsible individuals, along with the other factors in JM 9-28.300 (Factors to be Considered).

[updated March 2023]