In recent New York Times op-ed and on his popular podcast, former Manhattan U.S. Attorney Preet Bharara broached a topic that white collar defense lawyers know all too well, but that has received little public attention: the Justice Department’s longstanding practice of generally declining to tell subjects of a criminal investigation when that investigation has ended. While nothing in the DOJ’s published Justice Manual prohibits or even discourages such notice, it is typically only provided in high-profile matters, such as investigations of public officials seeking elected office, or in prosecutions of law enforcement officers and other civil rights cases
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