Federal Investigations
A federal investigation can upend your life, your business, and your freedom — often before you even know it has begun. Federal law enforcement agencies such as the FBI, the HHS Office of Inspector General (HHS-OIG), the DEA, and others are highly trained, well-resourced, and experienced in building cases against individuals and organizations over months or years before making a single arrest. Understanding how federal investigations work is the first step toward protecting yourself.
Who Is Involved in a Federal Investigation?
Federal investigations are conducted by law enforcement agents assigned to the case — agents who perform the bulk of the work, including gathering evidence, interviewing witnesses, and coordinating surveillance. However, agents do not work alone. In a federal investigation, agents work closely with a federal prosecutor who provides legal guidance, assists in obtaining legal process such as subpoenas and search warrants, and ultimately decides whether to bring formal criminal charges. The prosecutor’s assessment of the case is critically important, because no matter how much investigative work the agents do, it is the prosecutor who holds the charging decision.
For certain types of federal investigations — particularly white collar crimes involving multiple targets, witnesses, or jurisdictions — it is not uncommon for multiple federal agencies, or even federal and state agencies, to cooperate in a joint investigation. In these situations, one or more agents typically take the lead as the “case agent,” overseeing the overall investigation and coordinating between agencies.
What Happens in a Federal Investigation?
Federal law enforcement agents have a broad and powerful set of investigative tools at their disposal. Depending on the nature and scope of the investigation, agents and prosecutors may issue and serve grand jury subpoenas, conduct physical and electronic surveillance, monitor a suspect’s online activity, use wiretaps on a suspect’s phone, execute search warrants at homes and places of business (including seizure of computers and smartphones), review financial documents such as bank records and tax returns, conduct witness interviews and proffer sessions, and deploy undercover operatives or consensual monitoring — commonly known as having someone wear a “wire.”
Know what agents are doing: In every federal investigation, agents and prosecutors are working toward a single end goal: a federal indictment and a conviction. Agents may arrive unannounced at a suspect’s home in the early morning hours — when the individual is least alert — in order to gain a psychological edge during questioning. They may tell a suspect that the investigation is focused on someone else, or that they are simply gathering background information. No matter how friendly or respectful a federal agent may appear, they are there to build a case — not to be your friend.
How Do I Know If I Am Under Federal Investigation?
A federal investigation can take a very long time. In some cases, agents may investigate a matter for years before bringing formal charges. During that time, the subject may have no idea they are under scrutiny. Individuals most commonly discover that they are under federal investigation when one of the following occurs:
- A federal prosecutor formally notifies them through a target letter
- A federal agent contacts them by phone to request a meeting
- Federal agents appear unannounced at their home or place of business to conduct questioning
- Federal agents execute a search warrant at their home or business
- They receive a grand jury subpoena requiring them to testify or produce documents
- Former colleagues or associates report being interviewed or subpoenaed in connection with activities the individual was part of
These events can and often do occur in combination. Finding out that one has been under investigation for years — often for conduct that occurred long ago — can be a profoundly disorienting and frightening experience.
What Should I Do If I Am Under Investigation?
There is an old adage that you should not speak to the police about a crime because anything you say can be used against you. The more accurate and complete advice is this: do not speak to anyone — investigators, colleagues, friends, or family — about the investigation, because anything you say or write can and likely will be used against you.
If you are implicated in a federal investigation, especially as a target, follow two essential rules: obtain legal representation immediately, and do not speak or write to anyone else about the investigation without first consulting an attorney experienced in federal criminal matters.
The individuals you confide in may themselves be interviewed by federal agents — and you should assume that anything you have told them will eventually reach the government. Worse, those individuals may already be working with federal agents as cooperators. If anything you say to a third party could be interpreted — even loosely — as an attempt to cover up or minimize the facts, you could face a separate charge of obstruction of justice. Federal prosecutors are skilled at making even innocent statements appear sinister to a jury.
How Can an Attorney Help?
Once you have retained experienced legal counsel, your attorney can help you navigate some of the most consequential decisions you will face. The first question is how the government views your role — as a target, a subject, or merely a witness. That distinction has significant implications for how you should proceed at each stage of the investigation.
Another critical question is whether to meet with federal prosecutors and agents for an interview or proffer session. This is one of the most consequential decisions in any federal investigation. On one hand, meeting with prosecutors can sometimes demonstrate that you are not at fault or that your role was so peripheral that prosecution is not worthwhile. On the other hand, statements made during such a session can convince prosecutors that you are guilty, give the impression of dishonesty, and generate additional evidence against you. Your attorney should advise you whether to meet with the government at all, negotiate the terms and ground rules of any such meeting, and prepare you thoroughly.
If you have received a grand jury subpoena to testify or produce documents, it is critical to understand your rights before doing anything. An experienced federal defense attorney can advise you whether you may assert your Fifth Amendment right against self-incrimination, and in many cases can reach out to the prosecutor directly to resolve the subpoena without requiring your personal appearance or the production of sensitive materials.
Cooperation requires careful analysis: Federal prosecutors frequently exert tremendous pressure on individuals and organizations to cooperate, and the stakes on both sides of that decision can be enormous. Every case requires careful, individualized analysis by a skilled defense attorney whose sole duty is to protect your interests — not the government’s, and not the interests of your employer or co-defendants.
Under Federal Investigation? Time Is Critical.
Whether you are a target, a subject, or a witness, the earlier you have experienced legal counsel, the more options are available to you. As a former federal prosecutor, Justo Mendez understands exactly how the government builds its cases — and how to protect you at every stage.