For many of these proceedings, the DOJ will pick whichever charges are the most likely for a jury to convict (i.e. simple & unambiguous crime) rather than the m

For many of these proceedings, the DOJ will pick whichever charges are the most likely for a jury to convict (i.e. simple & unambiguous crime) rather than the most harmful. Once the guilty/not-guilty determination is made, then a judge can (usually) apply discretion to take into account aggregate harm to all stakeholders during sentencing. For another prominent example: Al Capone's tax evasion.