Being investigated by federal authorities is frightening, intimidating, and unnerving. Federal cases proceed differently than state cases, and federal investigators often build their cases for months before you’re aware that you’re being investigated. Knowing what to do early on in an investigation can protect your rights and potentially keep the situation from escalating.
Recognize the Signs of a Federal Investigation
Federal investigators rarely announce an investigation is happening and many times the subject of an investigation isn’t aware they’re being investigated until:
- They receive a subpoena
- They receive a target letter from the U.S. Attorney’s Office notifying them that they are the target of an investigation
- They are contacted by federal agents
- The authorities execute a search warrant or seize property
Even if agents approach you informally, you should take it seriously and get legal help immediately. You should treat any contact from an investigator as a sign that you’re under investigation—even if you’re not the main target. Federal agencies like the FBI, DEA, IRS, or Homeland Security often work quietly for months before making an arrest or filing charges.
Know What You’re Up Against
Knowing the process of how a federal case proceeds can be helpful. After an investigation, there are various options as to the next stage of the proceedings. First, prosecutors might contact you or your attorney to let you know that they have investigated you and are seeking an indictment. In these situations, there can be negotiations prior to a grand jury indictment.
Second, the prosecutor could take the case directly to a grand jury to seek an indictment. Grand jury proceedings are secret, and you may not know that you are indicted until you are arrested or receive a summons. Prosecutors often charge multiple counts in the indictment as this tactic can increase potential penalties and give the prosecutor leverage in plea negotiations.
Once the case lands in federal court, you need an attorney who specializes in federal court. Federal law covers a wide range of conduct like financial crimes, wire fraud, drug trafficking, conspiracy, tax offenses, and more. A seasoned attorney will know federal law and procedure, and they will be familiar with local policies and practices so they can advise you on the best strategies possible. The earlier you hire an attorney, the more options you may have. As noted above, in some cases, your attorney can communicate with federal prosecutors before an indictment and negotiate a resolution beforehand.
Don’t Talk to Federal Agents Without an Attorney
Federal investigators are trained to gather evidence and obtain statements from you that could be used against you. Anything you say, even something you think is harmless, can be misconstrued and be used against you. Federal investigators are typically highly trained and have numerous tactics to try and get you to reveal incriminating evidence.
Remember, you have the right to remain silent and the right to legal counsel. If you are approached by an investigator, politely decline to answer questions until you’ve spoken with an attorney. Don’t try to clear things up on your own, get more information from them, or assume the investigation is just a misunderstanding. Even if you don’t say anything incriminating, minor inconsistencies in what you can be used later to suggest that you are not credible. Also, even if you don’t get charged in the underlying investigation, if you lie to a federal agent, you could be charged with obstruction of justice.
Protect Your Privacy and Preserve Evidence
As soon as you suspect you’re being investigated, early legal intervention is important as your attorney can start developing a defense strategy and advise you on how to respond to subpoenas or other requests. Once you are aware that you are under investigation, be careful about what you say and do. Do not delete emails, shred documents, destroy electronic files or any other evidence. Destroying or altering evidence can lead to additional obstruction charges.
You should also limit what information you share with others about the situation. Even if you think you’re speaking to someone in confidence, that conversation may not stay confidential. Investigators can contact your friends, family, coworkers, or business partners and ask them to repeat what you told them. Having an attorney be your point of contact for all communication reduces these risks.
Once you are represented by an attorney, they can conduct their own investigation, take statements from witnesses, obtain business records, or other documents that may help your case. Doing your own investigation early can make a difference in how the case develops and before potential evidence disappears. Ultimately, the better you’re prepared—and the sooner you get legal counsel—the more likely you are to achieve the most favorable outcome possible.