D.C. Mun. Regs. tit. 6, r. 6-A2111
If the Executive Director determines that the misconduct alleged in the complaint or disclosed by investigation may be criminal in nature, he or she shall refer the case to the United States Attorney for the District of Columbia for possible criminal prosecution.
The Executive Director shall give written notification of such referral to the Chief of Police of the MPD or DCHAPD, the complainant and subject officer(s). If requested by the United States Attorney, OPC shall delay notification of the referral to one or more of these parties until the United States Attorney determines that notification is appropriate.
The Executive Director shall transmit copies of all relevant files to the United States Attorney, maintain a record of each referral, and record the disposition of each referred matter.
If the United States Attorney declines in writing to prosecute, then the Executive Director may take any such action under § 2108.3, as applicable.
D.C. Mun. Regs. tit. 6, r. 6-A2111