The government has up to a month to seek an indictment.
The black mark could then be used as a basis to seek an indictment.
They asked a judge for more time before deciding whether to seek an indictment against him.
The independent prosecutor in the case said last week that he currently had no plans to seek an indictment.
But in weighing such cases, he must consider whether to seek an indictment of the corporation itself.
The Manhattan district attorney's office started seeking such indictments in 2000.
Thus, the government was seeking a federal indictment for first-degree murder.
In its ruling, the lower court said the prosecutor could seek a new indictment on the same charge.
But the special prosecutor has said he is unlikely to seek a criminal indictment based on the evidence available so far.
Such notification is often given by prosecutors before they seek an indictment.