Oe of Enforcement GUIDING PRINCIPLES OF ENFORCEMENT What Does DOJ Consider When federal interest, the prosecutor is advised to “weigh all rel- Deciding Whether to Open an evant considerations,’ including the nature and seriousness Investigation or Bring Charges? of the offense; the deterrent effect of prosecution; the per- Whether and how DOJ will commence, decline, son’s culpability in connection with the offense; the per- or otherwise resolve an FCPA matter is guided by the son’s history with respect to criminal activity; the person’s Principles of Federal Prosecution in the case of individu- willingness to cooperate in the investigation or prosecu- als, and the Principles of Federal Prosecution of Business tion of others; and the probable sentence or other conse- Organizations in the case of companies. quences if the person is convicted. The Principles of Federal Prosecution also set out the considerations to be weighed DOJ Principles of Federal Prosecution when deciding whether to enter into a plea agreement with The Principles of Federal Prosecution, set forth in an individual defendant, including the nature and serious- Chapter 9-27.000 of the U.S. Attorney’s Manual,”® pro- ness of the offense and the person’s willingness to cooperate, vide guidance for DOJ prosecutors regarding initiating as well as the desirability of prompt and certain disposition or declining prosecution, selecting charges, and plea-bar- of the case and the expense of trial and appeal.” gaining. The Principles of Federal Prosecution provide that prosecutors should recommend or commence federal pros- DOJ Principles of Federal Prosecution of Business ecution if the putative defendant’s conduct constitutes a Organizations federal offense and the admissible evidence will probably be The Principles of Federal Prosecution of Business sufficient to obtain and sustain a conviction unless (1) no Organizations, set forth in Chapter 9-28.000 of the US. substantial federal interest would be serve