Woody Allen once famously joked that the words "it's benign" are the most beautiful in the English language. Although a prosecutor's decision to decline to bring a case may be less personally consequential than a clean bill of health, it is nonetheless a tremendous relief to learn that conduct, in the eyes of the government, is viewed as legally benign. Unfortunately, such notice all too often is long delayed and, in some cases, never given at all.
This type of uncertainty takes a tremendous toll on those who have been notified of a potential criminal investigation but have to wait many months or years to learn whether the government will bring charges or decline to prosecute. Too often, businesses and individuals unexpectedly become ensnared in complex, costly and lengthy investigations, with little understanding as to when or how the legal journey will end. Criminal investigations — whether handled internally by a corporation's outside counsel or externally by government agencies — present significant costs in both legal fees and collateral consequences, including the chilling effect on corporate investment and innovation, distracted management, and harm to the reputation of individuals and entities involved in the investigation.
