Federal white-collar crime investigations are stressful and can quickly escalate. What starts as a few simple questions from a federal agent can become a subpoena, indictment, or arrest. Therefore, if you are being investigated or think you will be, the first step is to get an attorney as soon as possible to guide you through the process. How you respond in those crucial early days can significantly impact your case. Without the right advice, you may unknowingly make matters worse by making incriminating statements, withholding evidence, involving other parties, or causing other problems.
There are multiple ways you may become aware of an investigation. Investigators may contact you or someone you know with questions. You may be served with a grand jury subpoena to provide documents or testimony. You may be told that you are being investigated as a potential witness, or you may be a possible “subject” the government hasn’t yet decided whether to target. Federal agents may also arrive with an arrest warrant. Regardless of how the investigation begins, you want legal counsel by your side to protect you.
You have the right to remain silent even if you haven’t been arrested or taken into custody. You do not have to answer an investigator’s questions, and you shouldn’t answer without an attorney. While you may decide to cooperate eventually, you don’t want to make any statements without first discussing them with an attorney.
Throughout the investigation, you may be asked to provide information verbally and/or by handing over documents. You may think it will help your case to be cooperative and answer questions without an attorney to show you didn’t do anything wrong. However, it’s more likely that you will damage your case.
Your attorney can ensure you don’t admit something or provide mistaken answers that can be used against you, not just for the crime being investigated, but also to add other charges.
If you’re served with a subpoena, an attorney may be able to object to it on 5th Amendment or other grounds. The scope of the subpoena may also be challenged as being overly broad or requesting irrelevant or privileged information. A proffer agreement can be used to limit the impact of testimony. The agreement states that your statements cannot be used against you unless the agents find out the same information independently. However, it does not provide blanket immunity, so you need guidance before signing an agreement.
It’s also beneficial to have an attorney advocating for your position from the start. If you wait to hire a lawyer, the agents may already have settled on their view of the case, making it harder to convince them to change their minds.
Your lawyer can also help you navigate the personal and business/professional consequences of an investigation. For example, the government may freeze your bank accounts so you cannot pay bills. You may need to make a public statement or inform various parties (ex. clients/customers, vendors, employees, licensing agencies, etc.). Your attorney can advise you of your rights and obligations in these situations, and what to say. You may also benefit from guidance on how to address reputational damage.
When the investigation is completed, the government will decide whether to charge you with a crime. You would be charged one of three ways. The first option is charging by complaint. The agents go to a magistrate, demonstrate probable cause that you committed the crime, and get an arrest warrant.
The second is charging by indictment, which occurs when the government convenes and presents its evidence to a grand jury that decides whether to indict.
The third is charging by information, which is typically used when a party is cooperating with the government or is already charged with a crime that has been reduced, and the defendant is being recharged with the lower offense. The right to a grand jury indictment is waived.
An investigation is a serious matter. Don’t treat it as something that will simply blow over. There are significant dangers in ignoring it or attempting to handle it alone. If you are facing an investigation, hire an experienced criminal attorney as soon as possible. Contact us for a consultation to learn how we can help.