At one point, prosecutors weighed whether they could file a criminal racketeering complaint, using a Federal law usually applied against organized crime and drug traffickers.

Evidence of the possible fraud was turned over to the Manhattan District Attorney's office several months ago, and prosecutors are weighing possible criminal charges, the officials said.

Under them, a company's decision to pay legal fees will not be held against it, except in extreme circumstances, when prosecutors are weighing whether to indict the company.

Such a hearing is routine when federal prosecutors are weighing whether to seek the death penalty.

Meantime, prosecutors are weighing whether to recall Mr. Kaelin to the witness stand.

Judges and prosecutors weigh evidence and issue warrants accordingly.

Federal guidelines written in 2003 and known as the Thompson memorandum lay out factors that prosecutors can weigh when deciding whether to seek the indictment of a company.

She said prosecutors would weigh the first amendment [free speech] issues involved and the fact that other statutes covered the conduct in Britain "where they allegedly occurred".

Flanked by roughly a dozen supporters, she rose to offer an apology, while across town, federal prosecutors weighed charging her in the case.

But before a prosecutor or a judge weighed the Vice President's intent, he or she would first have to conclude that the law covered telephone calls to private citizens at all.