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How to know you are under a government investigation

March 21, 2024 Uncategorized

Different Federal Agencies and Government Investigations

When it comes to government investigations, various federal agencies may initiate inquiries into individuals or corporations. One of the primary agencies responsible for investigations is the Federal Bureau of Investigation (FBI). The FBI’s role is to protect the United States of America against foreign intelligence threats, terrorism, and enforce the country’s criminal laws. They also combat criminal organizations, major white-collar crime, public corruption, and other significant violent crimes.

If you find yourself as the target of a federal investigation, it is normal to feel terrified and powerless. However, with the help of an experienced defense attorney from Spodek Law Group, the process can become less confusing. They can answer all your questions and guide you through the situation, helping you understand what to expect.

How to Determine if You Are Under a Government Investigation

There are several ways to discover that you are under investigation by the government. These include:

  • A knock on the door by law enforcement officers or at your workplace
  • Receiving a letter from a US Attorney’s Office
  • Being served with a subpoena

It is important to note that federal law enforcement agents may orchestrate encounters with you to disorient and confuse you into talking with them without the presence of your attorney.

In such a situation, the first thing you should consider is whether to talk to the investigating officers. They may try to make you feel like not talking to them implies that you are hiding something.

Being Served with a Search Warrant

If you are served with a search warrant, it means that a judge or magistrate has approved the document based on evidence or probable cause that you have committed a federal crime. The warrant allows law enforcement to search for items or documents related to the alleged crime.

If you find yourself in this situation, it is crucial to consult with your lawyer before speaking to anyone. Providing inaccurate or incorrect information to investigators can lead to charges of lying or obstruction of justice, which can be used to prove any underlying crime.

Agents may intentionally show up at your home when you are most likely sleeping to surprise and disorient you. They come prepared with skillfully crafted questions from prosecutors for you and your unsuspecting family members. Therefore, it is important to decline any questioning by the investigators until you have considered the situation and spoken to your lawyer.

What to Do in Such a Situation

When federal investigators put you in a situation designed to distress and confuse you, the best course of action is to remain silent and politely decline to answer any questions posed by the agents. You are not obligated to speak to law enforcement agents, and neither is your family. However, you should politely request a search warrant return, which documents all items seized by the agents.

Talking to Your Attorney

In some cases, you may have time to contact your lawyer. If you receive a subpoena requesting you to produce documents or appear before a Grand Jury, your lawyer should guide you on what privileges may be available to object to the questions being asked. It is important to note that if you do not object to disclosing something privileged, you may waive the privilege.

Your attorney will examine and learn about your situation to determine your status in the investigation. By speaking to the prosecutor, you may be classified as a target, a subject, or a witness. Your status can change from being a witness to a subject and later become a target as the investigation progresses.

By agreeing to talk to the agents, you may be privileged against answering certain lines of questioning. These privileges may not apply to you but to other people. Therefore, it is important to request more time to talk to your lawyer rather than infringing on other people’s privileges. In extreme circumstances, where you are guilty, cooperating with government agents may lead to a reduction in your punishment.

Interviews by Federal Agents

For federal employees, agents from the Office of Inspector General (OIG) may contact you and request to speak with you. Most federal agencies have an Office of Inspector General, and employees are usually required to cooperate with OIG agents.

Violations of regulations set by these federal agencies can amount to a crime, even for seemingly minor issues such as an incorrect time slip. An agent may show up unannounced at your workplace and request to speak with you. In such a situation, you must make a quick decision about whether to talk to them or not.

Conclusion

Being under investigation by federal agents does not necessarily mean that there is evidence of your guilt. It is important to remember that people in positions of power are often under investigation for various issues, including ethics, manipulation of benchmarks, registration, valuation, compliance procedures, conflicts of interest, anti-corruption, and securities and foreign exchange trading.

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Todd Spodek

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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