When investigators come to a federal prosecutor with evidence of a crime, there are two ways the decision is made as to what charges, if any, should be filed. One is a grand jury proceeding, in which the prosecutor presents the facts and law to the grand jury and asks them to return an indictment. The other is a decision made directly by the prosecutor. In either situation, however, the prosecutor makes ethical and strategic decisions about what the appropriate charge would be, based on the evidence available.
