Justice Department regulations say that money laundering charges against a financial institution must be approved by the MLARS chief.
Binance's defense attorneys at U.S. law firm Gibson Dunn have held meetings in recent months with Justice Department officials, the four people said.
Faced with the Justice Department investigation, Binance hired an external lawyer from U.S. law firm Paul Weiss, Roberto Gonzalez, who was previously Treasury's deputy general counsel.
MLARS has a reputation in the Justice Department for moving slowly in reaching prosecution decisions, people familiar with its activities said.
Day met with Justice officials in Washington in recent months, three of the people said.