DOJ can significantly reduce the adverse consequences that accompany an investigations potentially endless period of uncertainty through a simple reform of its policy regarding when prosecutors should notify former targets that an investigation has been closed. Department statistics show that federal prosecutors take, on average, more than 400 days to reach a declination decision. During this time, the investigations target must function under a disruptive cloud that can cause significant reputational harm. Yet DOJ policy contains no requirement that former investigation targets be given notice of a prosecutors declination decision.
via When Its Legally Benign to Pass on White-Collar Prosecution — The National Law Journal
