What every citizen should know: What to do if federal agents want to speak with you?

Don’t do it!

Federal healthcare regulatory and enforcement agencies (HHS-OIG, FBI, DOL-OIG, etc … ) Are more active than ever. The Houston and Dallas Health Care Fraud Strike Force (Strike Force) are particularly busy, constantly conducting investigations, executing search warrants, and charging healthcare providers with fraud and kickbacks. Every day their investigative scope into healthcare offenses widens.

If you think you are somehow implicated in a healthcare related criminal offense, and a federal agent knocks on your door wanting to ask you a few questions, there is nothing to gain, and everything to lose from that conversation. If you make an admission to the federal agent, even with the best of intentions, it will be used against you to have you convicted. If you lie to the federal agent you will be charged with a felony under 18 U.S. Code 1001 for lying to a federal official (even if not under oath!).

If you think you have been involved in a crime, you should not speak to anyone about it, other than your attorney. Anything you say or write can be used against you. You should always assume a federal agent already knows the answer to the question he/she asked you; and that all they are doing is looking to get an admission from you or catch you in a lie.

In regards to discussing your knowledge or involvement with friends, family, or acquaintances, that is also a very bad idea. These people will eventually be interviewed by federal agents. What you tell them can also be used against you. You have no expectation of privacy about anything you say to anyone other than your attorney. This applies the same whether you talk to a federal agent or a civilian. If you make an admission of guilt to anyone, there is no difference among an FBI agent, your accountant, or your golfing buddy. You can expect that federal agents will eventually find out what you have told any of these individuals. Worse, the individuals you speak to may already be informants or cooperating with agents.

Things to keep in mind:

  • Federal agents are highly trained in conducting interviews of targets and witnesses.
  • Federal agents will be courteous and even friendly, making you feel that perhaps they are your friend. Don’t be fooled! They are just doing their job, not being your friend.
  • Federal agents, through subpoenas, can gain access to your bank and telephone records. They are very likely to already know the answers to the questions they ask.
  • You will never be able to talk your way out of criminal liability.
  • Your silence cannot be used against you; your words can get you convicted.

If you are contacted by a federal agent, or served with a Grand Jury Subpoena, you should immediately retain a federal criminal defense attorney.

Speak with an experienced federal criminal defense attorney.

I am fully dedicated to represent clients who are involved in federal criminal investigations. These clients may be targets, subjects, and/or witnesses in an investigation. In many cases, I have been able to resolve these difficult situations quickly and discreetly without federal charges being filed. When criminal charges are inevitable, I make sure that my clients are in the best position possible to defend against those charges when they come.