# Justice Manual § 9-28.100: Duties of Federal Prosecutors and Duties of Corporate Leaders

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-28.100

## Section

- **Citation:** Justice Manual § 9-28.100
- **Heading:** Duties of Federal Prosecutors and Duties of Corporate Leaders
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-28.000 - Principles of Federal Prosecution Of Business Organizations / Justice Manual § 9-28.100

## Text

Corporate directors and officers owe a fiduciary duty to a corporation's shareholders (the corporation's true owners), and they owe duties of honest dealing to the investing public and consumers in connection with the corporation's regulatory filings and public statements. A prosecutor's duty to enforce the law requires the investigation and prosecution of criminal wrongdoing if it is discovered. In carrying out this mission with the diligence and resolve necessary to vindicate the important public interests discussed above, prosecutors should be mindful of the common cause we share with responsible corporate leaders who seek to promote trust and confidence. Prosecutors should also be mindful that confidence in the Department is affected both by the results we achieve and by the real and perceived ways in which we achieve them. Thus, the manner in which prosecutors perform their jobs—including the professionalism and civility demonstrated, willingness to secure the facts in a manner that encourages corporate compliance and self-regulation, and appreciation that corporate prosecutions can cause harm to blameless investors, employees, and others—affects public perception of the Department's mission. Federal prosecutors must maintain public confidence in the way in which the Department of Justice exercises charging discretion. This endeavor requires the thoughtful analysis of all facts and circumstances presented in a given case.

[updated April 2023]

## Nearby sections

- [Justice Manual § 9-28.010 Foundational Principles of Corporate Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-28.010.md)
- [Justice Manual § 9-28.100 Duties of Federal Prosecutors and Duties of Corporate Leaders](https://www.frixlaw.com/law-library/statutes/JM_S9-28.100.md)
- [Justice Manual § 9-28.200 General Considerations of Corporate Liability](https://www.frixlaw.com/law-library/statutes/JM_S9-28.200.md)
- [Justice Manual § 9-28.210 Focus on Individual Wrongdoers](https://www.frixlaw.com/law-library/statutes/JM_S9-28.210.md)
- [Justice Manual § 9-28.300 Factors to Be Considered](https://www.frixlaw.com/law-library/statutes/JM_S9-28.300.md)
- [Justice Manual § 9-28.400 Special Policy Concerns](https://www.frixlaw.com/law-library/statutes/JM_S9-28.400.md)
- [Justice Manual § 9-28.500 Pervasiveness of Wrongdoing Within the Corporation](https://www.frixlaw.com/law-library/statutes/JM_S9-28.500.md)
- [Justice Manual § 9-28.600 The Corporation's History of Misconduct](https://www.frixlaw.com/law-library/statutes/JM_S9-28.600.md)
- [Justice Manual § 9-28.700 The Value of Cooperation](https://www.frixlaw.com/law-library/statutes/JM_S9-28.700.md)
- [Justice Manual § 9-28.710 Attorney-Client and Work Product Protections](https://www.frixlaw.com/law-library/statutes/JM_S9-28.710.md)
- [Justice Manual § 9-28.720 Cooperation: Disclosing the Relevant Facts](https://www.frixlaw.com/law-library/statutes/JM_S9-28.720.md)
- [Justice Manual § 9-28.750 Oversight Concerning Demands for Waivers of Attorney-Client Privilege or Work Product Protection By Corporations Contrary to This Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-28.750.md)
- [Justice Manual § 9-28.800 Corporate Compliance Programs](https://www.frixlaw.com/law-library/statutes/JM_S9-28.800.md)
- [Justice Manual § 9-28.900 Voluntary Self-Disclosures](https://www.frixlaw.com/law-library/statutes/JM_S9-28.900.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-28.100. Check the current official text before relying on it. Not legal advice.