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How Do Federal Criminal Investigations Typically Unfold in NYC?
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How Do Federal Criminal Investigations Typically Unfold in NYC?
Federal criminal investigations in New York City can be complex, lengthy processes. Here’s a look at how these investigations typically unfold:
The Investigation Begins
Federal investigations into potential criminal activity often start with a tip or complaint. This may come from a member of the public, an informant, or another government agency. The federal agency, like the FBI or IRS, then opens a preliminary inquiry to determine if a full investigation is warranted.
Investigators start gathering information through interviews, surveillance, document reviews, and other investigative techniques. They are looking for evidence of a federal crime, like fraud, bribery, or civil rights violations. If the preliminary inquiry uncovers enough evidence, the agency will open a full investigation.
The Full Investigation
Once a full investigation begins, federal agents have more tools at their disposal. They can issue subpoenas for documents and testimony, conduct searches with warrants, tap phones with court approval, and make undercover contacts with targets.
Investigations follow the evidence wherever it leads. Agents build timelines, examine financial records, and trace connections between subjects. The goal is to uncover the full scope of criminal activity.
Key targets may not even know they are under investigation during these early stages. But eventually subjects will be interviewed or called to testify before grand juries.
Grand Jury Proceedings
Federal prosecutors will often use grand juries during major investigations in New York. These are groups of citizens who hear evidence presented by prosecutors and decide whether criminal charges are warranted.
Agents can compel witnesses to testify before the grand jury. This testimony is critical for establishing proof of criminal violations. After hearing from many witnesses, the grand jury decides whether to issue indictments against the investigation’s targets.
Criminal Charges
Once federal grand juries in New York hand up indictments, the subjects are formally accused of crimes. Prosecutors typically issue arrest warrants or summons for the newly charged defendants.
Early on, defense lawyers begin negotiating with prosecutors over potential plea deals or cooperation agreements. Defendants who plead guilty early often get sentencing leniency. Those who fight the charges head to trial.
The Trial
Federal criminal trials in New York City follow the standard processes. Juries are selected, opening statements set the stage, witnesses testify, and prosecutors/defense lawyers present evidence and arguments. Federal trials often last weeks or months.
If defendants are found guilty at trial, they proceed to sentencing. But if the jury acquits them, then the case is closed and they go free. Prosecutors can appeal trial losses in some circumstances.
Sentencing
For defendants convicted at trial or through guilty pleas, federal judges in New York impose sentences based on advisory guidelines and statutes. Factors like the crime’s severity and criminal history impact sentences.
Violent crimes and drug trafficking typically bring lengthy prison terms. White collar and public corruption offenses often result in shorter sentences. Judges can depart from the guidelines in some cases too.
Appeals and Ongoing Litigation
Once sentenced, federal defendants can appeal their convictions and sentences to higher courts. These appellate processes can take years to resolve. Defendants may cite legal errors or insufficient evidence for overturning verdicts.
Even after appeals end, ongoing litigation is common over restitution, forfeitures, prisoner rights, and more. Lawyers keep fighting on these issues long after the trial phase concludes.
Key Takeaways
- Federal investigations in New York City often begin with tips or complaints about potential crimes.
- Agents use various techniques like document reviews, surveillance, interviews and grand jury testimony to build evidence.
- Indictments formally charge investigation targets once grand juries find enough proof of crimes.
- Trials, plea deals, and sentencings occur after charges are filed against defendants.
- Legal proceedings can continue for years through appeals and ongoing litigation.
So in summary, federal criminal cases in New York City can start small but often expand into complex, long-running investigations and legal proceedings before reaching their ultimate conclusions. Proper legal representation is crucial from the earliest stages of these types of cases.
References
[1] What We Know About the Criminal Investigation into Eric Adams’s Campaign
[2] Catch Up on Where the Trump Investigations Stand – The New York Times
[4] Federal search warrant executed at Rudy Giuliani’s NYC apartment – CNBC
[5] nypd’s use and operation of the criminal group database – NYC.gov