# Justice Manual § 9-28.300: Factors to Be Considered > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/JM_S9-28.300 ## Section - **Citation:** Justice Manual § 9-28.300 - **Heading:** Factors to Be Considered - **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 § 9-28.300 ## Text A. General Principle: Generally, prosecutors apply the same factors in determining whether to charge a corporation as they do with respect to individuals. See JM 9-27.220 et seq. Thus, the prosecutor must weigh all of the factors normally considered in the sound exercise of prosecutorial judgment: the sufficiency of the evidence; the likelihood of success at trial; the probable deterrent, rehabilitative, and other consequences of conviction; and the adequacy of noncriminal approaches. See id. However, due to the nature of the corporate “person,” some additional factors are present. In conducting an investigation, determining whether to bring charges, and negotiating plea or other agreements, prosecutors should consider the following factors in reaching a decision as to the proper treatment of a corporate target: the nature and seriousness of the offense, including the risk of harm to the public, and applicable policies and priorities, if any, governing the prosecution of corporations for particular categories of crime ( see JM 9-28.400 ); the pervasiveness of wrongdoing within the corporation, including the complicity in, or the condoning of, the wrongdoing by individuals in corporate management ( see JM 9-28.500 ); the corporation’s history of misconduct, including prior criminal, civil, and regulatory enforcement actions against it, both domestically and internationally ( see JM 9-28.600 ); the corporation’s willingness to cooperate, including as to potential wrongdoing by its current and former employees, directors, officers, and agents, as well as other individuals and entities that engaged in the misconduct under investigation ( see JM 9-28.700 ); the adequacy and effectiveness of the corporation’s compliance program at the time of the offense, as well as at the time of a charging decision ( see JM 9-28.800 ); the corporation’s timely and voluntary self-disclosure of wrongdoing ( see JM 9-28.900 ); the corporation’s remedial actions, including, but not limited to, any efforts to implement an adequate and ef nvestigation ( see JM 9-28.700 ); the adequacy and effectiveness of the corporation’s compliance program at the time of the offense, as well as at the time of a charging decision ( see JM 9-28.800 ); the corporation’s timely and voluntary self-disclosure of wrongdoing ( see JM 9-28.900 ); the corporation’s remedial actions, including, but not limited to, any efforts to implement an adequate and effective corporate compliance program or to improve an existing one, to replace responsible management, to discipline or terminate wrongdoers, to execute financial compensation measures that punish wrongdoing, or to pay restitution ( see JM 9-28.1000 ); collateral consequences, including whether there is disproportionate harm to shareholders, pension holders, employees, and others not proven personally culpable, as well as impact on the public arising from the prosecution ( see JM 9-28.1100 ); the adequacy of remedies such as civil or regulatory enforcement actions, domestically or internationally, including remedies resulting from the corporation’s cooperation with relevant government agencies ( see JM 9-28.1200 ); the adequacy of the prosecution of individuals responsible for the corporation’s misconduct ( see JM 9-28.1300 ); and the interests of any victims ( see JM 9-28.1400 ), including what steps the corporation has taken to identify potential victims, or other persons or entities who were significantly, even if indirectly, harmed by the criminal conduct, and what steps the corporation has taken to mitigate such harm. the prosecution of individuals responsible for the corporation’s misconduct ( see JM 9-28.1300 ); and the interests of any victims ( see JM 9-28.1400 ), including what steps the corporation has taken to identify potential victims, or other persons or entities who were significantly, even if indirectly, harmed by the criminal conduct, and what steps the corporation has taken to mitigate such harm. B. Comment: The factors listed in this section are intended to be illustrative of those that should be evaluated and are not an exhaustive list of potentially relevant considerations. Some of these factors may not apply to specific cases, and in some cases one factor may override all others.  For example, the nature and seriousness of the offense may be sufficiently aggravating to warrant prosecution regardless of the other factors.  In most cases, however, no single factor will be dispositive.  In addition, national law enforcement policies in various enforcement areas may require that more or less weight be given to certain of these factors than to others.  Of course, prosecutors must exercise their thoughtful and pragmatic judgment in applying and balancing these factors, so as to achieve a fair and just outcome and promote respect for the law. [updated May 2024] ## 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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-28.300. Check the current official text before relying on it. Not legal advice.