I think what evmar is saying is that the US District Attorney should not have given BNP the choice, but instead just filed the criminal case against them. They

I think what evmar is saying is that the US District Attorney should not have given BNP the choice, but instead just filed the criminal case against them. They could have gotten the necessary documents through the subpoena, so the offer to comply and take the civil case is meaningless. What I think a lot of people would want to see is someone going to jail for this, hence the criminal case.