Government Investigations
Learning that you’re under investigation by the government can be terrifying. Hiring a lawyer quickly with experience representing clients in federal law enforcement investigations is the smart thing to do to help you with your case and to let you know what is likely to happen.
How You Learn You’re Under Investigation
People learn that they are under investigation by the feds in one of five ways.
First, a federal agent tries to talk to you. Sometimes, an agent will knock and your door. It may be someone from the F.B.I., the Secret Service, or one of any number of other federal law enforcement agencies. If you aren’t home the agent may leave a card with his or her phone number on it, asking that you call. Federal employees are sometimes asked to come to their agency’s Office of Inspector General while at work for an interview.
Second, you may get a letter from an Assistant United States Attorney telling you that you are the target of a federal investigation – this is called a “target letter.”
Third, you may get a subpoena for documents to the grand jury. This is especially common in white-collar cases. For more information on how to respond to a subpoena, please see our information about subpoena response representation.
Fourth, federal agents may come to your house with a search warrant. If they come, they will likely come early in the morning. This is the least pleasant way to learn that you are under investigation.
Fifth, you may hear about an investigation from friends, or from someone you know from work or a prior business relationship. You will want to learn more from those around you. The problem is, what you ask can make it’s way back to the AUSA or agents, and it can give them a window into your thoughts. This can turn into powerful government evidence to a jury.
What A Lawyer Can Do In An Investigation
The first thing a lawyer will do is assess the situation.
It may mean that the lawyer will call the prosecutor to see what the status of the investigation is. It may be that the lawyer will collect documents or interview witnesses and conduct an independent investigation.
At some point, a lawyer can advise you about what steps you can take to respond to the investigation and what the downsides of each step is. Perhaps you have evidence that exonerates you, and the investigation is going forward quickly. It may make sense to approach the prosecutor with that evidence. A lawyer ads value during an investigation in three ways.
First, the lawyer can talk to the federal prosecutor and agents instead of you. What you say will absolutely be used against you. That’s not so with what your lawyer says. If an agent comes to your door, it’s often much easier to say that the agent should call your lawyer.
Second, a lawyer can think with you about what to do in response to the evidence. Maybe you want to sit tight. Maybe you want to speak with the prosecutor. These are decisions that a lawyer can help you make.
Third, a lawyer can let you know what to reasonably expect. Being under investigation is terrifying. A lawyer can tell you what is likely to happen, so you don’t have to make up a worst-case scenario in your mind.
How Long An Investigation Will Last
Almost every person I talk to who is under investigation wants to know how long it will last. Unfortunately, federal criminal investigations can take a very long time. The federal statute of limitations for most crimes is five years. That means that a federal prosecutor has five years from a crime to bring an indictment.
Five years is a very long time. Federal investigations, for that reason, can last an excruciating amount of time.
If you are under investigation by the federal government and would like to talk to a lawyer, please call (202) 640-2850.