# Justice Manual § 9-27.250: Non-Criminal Alternatives to Prosecution > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/JM_S9-27.250 ## Section - **Citation:** Justice Manual § 9-27.250 - **Heading:** Non-Criminal Alternatives to Prosecution - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** DOJ Justice Manual / Title 9: Criminal / 9-27.000 - Principles of Federal Prosecution / Justice Manual § 9-27.250 ## Text In determining whether there exists an adequate, non-criminal alternative to prosecution, the attorney for the government should consider all relevant factors, including: The sanctions or other measures available under the alternative means of disposition; The likelihood that an effective sanction will be imposed; The effect of non-criminal disposition on federal law enforcement interests; and The interests of any victims. Comment. When a person has committed a federal offense, it is important that the law respond promptly, fairly, and effectively. This does not mean, however, that a criminal prosecution must be commenced. In recognition of the fact that resort to the criminal process is not necessarily the only appropriate response to serious forms of antisocial activity, Congress and state legislatures have provided civil and administrative remedies for many types of conduct that may also be subject to criminal sanction. Examples of such non-criminal approaches include civil tax proceedings; civil actions under the False Claims Act or other statutory causes of action for false or fraudulent claims; civil actions under the securities, customs, antitrust, or other regulatory laws; administrative suspension and debarment or exclusion proceedings; civil judicial and administrative forfeiture; and reference of complaints to licensing authorities or to professional organizations such as bar associations. Another potentially useful alternative to prosecution in some cases is pretrial diversion. See JM 9-22.000 s under the securities, customs, antitrust, or other regulatory laws; administrative suspension and debarment or exclusion proceedings; civil judicial and administrative forfeiture; and reference of complaints to licensing authorities or to professional organizations such as bar associations. Another potentially useful alternative to prosecution in some cases is pretrial diversion. See JM 9-22.000 (1) requiring every United States Attorney's Office to develop and implement a pretrial diversion policy (2). Attorneys for the government should familiarize themselves with these alternatives and should consider pursuing them if they are available in a particular case. Although on some occasions they should be pursued in addition to criminal prosecution, on other occasions these alternatives can be expected to provide an effective substitute for criminal prosecution. In weighing the adequacy of such an alternative in a particular case, the prosecutor should consider the nature and impact of the sanctions or other measures that could be imposed, the likelihood that an effective sanction or other measure would in fact be imposed, and the effect of such a non-criminal disposition on federal law enforcement and community interests. When considering whether to pursue a non-criminal disposition, prosecutors should also consider the interests of any victims. In evaluating victim interests and determining whether to pursue a non-criminal disposition, the prosecutor should be available to confer with the victim in furtherance of the Crime Victims’ Rights Act (CVRA) and in accordance with the Attorney General Guidelines for Victim and Witness Assistance . For more information regarding the Department’s obligations to victims, see the Crime Victims’ Rights Act, 18 U.S.C. § 3771, the Victims’ Rights and Restitution Act, 34 U.S.C. § 20141, and the Attorney General Guidelines for Victim and Witness Assistance. n furtherance of the Crime Victims’ Rights Act (CVRA) and in accordance with the Attorney General Guidelines for Victim and Witness Assistance . For more information regarding the Department’s obligations to victims, see the Crime Victims’ Rights Act, 18 U.S.C. § 3771, the Victims’ Rights and Restitution Act, 34 U.S.C. § 20141, and the Attorney General Guidelines for Victim and Witness Assistance. It should be noted that referrals for non-criminal disposition may not include the transfer of grand jury material unless an order under Rule 6(e) of the Federal Rules of Criminal Procedure, is obtained. See United States v. Sells Engineering, Inc., 463 U.S. 418 (1983). [cited in JM 9-27.220 ; JM 9-28.1100 ] [updated June 2023] ## Nearby sections - [Justice Manual § 9-27.001 Preface](https://www.frixlaw.com/law-library/statutes/JM_S9-27.001.md) - [Justice Manual § 9-27.110 Purpose](https://www.frixlaw.com/law-library/statutes/JM_S9-27.110.md) - [Justice Manual § 9-27.120 Application](https://www.frixlaw.com/law-library/statutes/JM_S9-27.120.md) - [Justice Manual § 9-27.130 Implementation](https://www.frixlaw.com/law-library/statutes/JM_S9-27.130.md) - [Justice Manual § 9-27.140 Modifications or Departures](https://www.frixlaw.com/law-library/statutes/JM_S9-27.140.md) - [Justice Manual § 9-27.150 Non-Litigability](https://www.frixlaw.com/law-library/statutes/JM_S9-27.150.md) - [Justice Manual § 9-27.200 Initiating and Declining Prosecution—Probable Cause Requirement](https://www.frixlaw.com/law-library/statutes/JM_S9-27.200.md) - [Justice Manual § 9-27.220 Grounds for Commencing or Declining Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-27.220.md) - [Justice Manual § 9-27.230 Initiating and Declining Charges—Substantial Federal Interest](https://www.frixlaw.com/law-library/statutes/JM_S9-27.230.md) - [Justice Manual § 9-27.240 Initiating and Declining Charges—Prosecution in Another Jurisdiction](https://www.frixlaw.com/law-library/statutes/JM_S9-27.240.md) - [Justice Manual § 9-27.250 Non-Criminal Alternatives to Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-27.250.md) - [Justice Manual § 9-27.260 Initiating and Declining Charges—Impermissible Considerations](https://www.frixlaw.com/law-library/statutes/JM_S9-27.260.md) - [Justice Manual § 9-27.270 Records of Prosecutions Declined](https://www.frixlaw.com/law-library/statutes/JM_S9-27.270.md) - [Justice Manual § 9-27.300 Selecting Charges—Conducting an Individualized Assessment](https://www.frixlaw.com/law-library/statutes/JM_S9-27.300.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-27.250. Check the current official text before relying on it. Not legal advice.