What to Do When Approached By the FBI or IRS in Washington DC

What to Do When Approached By the FBI or IRS in Washington DC

Dealing with the FBI or IRS can be intimidating. But knowing your rights and following some basic tips can help make the experience less stressful. This article provides practical advice on how to handle being approached by the FBI or IRS if you live in or around Washington DC.

Stay Calm

First things first – take a deep breath and try to stay calm. Easier said than done, I know! But freaking out won’t help the situation. Remind yourself that you have rights. Staying cool under pressure can help you avoid saying something you regret.

Don’t Ignore Requests to Talk

If the FBI or IRS want to ask you questions, don’t just ignore them. That will probably just make them more suspicious. But you don’t have to agree to an interview right away either. Politely ask for their contact information so you can follow up when you have a lawyer present.

You Don’t Have to Consent to a Search

The FBI or IRS may ask to enter your home or search your car, phone, computer, etc. Know that you have the right to say no. Don’t physically resist, but make it clear that you do not consent to any searches.

Don’t Lie

Lying to federal agents is a felony offense. Only answer questions you are comfortable responding to truthfully. For anything else, say you wish to remain silent until you have an attorney present.

Ask if You’re Free to Leave

If you’re not under arrest, you have the right to walk away and end the conversation. But don’t just run off – politely ask the agents something like “Am I free to leave?” If they say no, you are being detained and should exercise your right to remain silent.

Don’t Resist Arrest

If placed under arrest, do not physically resist. Simply repeat that you wish to remain silent and ask for a lawyer. Resisting arrest could lead to criminal charges.

Call a Lawyer

Contact a criminal defense attorney as soon as possible if questioned or arrested. Don’t say anything substantive without legal counsel present. A lawyer can help protect your rights.

Record Interactions When Possible

If you have a chance to record video or audio of your interactions with federal agents by phone or in-person, do so. This creates an objective record of what was said. But make sure to tell them you are recording.

Take Notes

Write down the details of any conversations with federal agents. Jot down the date, time, location, names/contact info of agents, and detailed notes about what questions were asked and how you responded.

Common Reasons the FBI or IRS Approaches People

Some common reasons the FBI or IRS may want to talk to you include:

• You are suspected of committing a federal crime like tax evasion, wire fraud, etc.
• You are a witness in an investigation
• You work in an industry prone to corruption like banking or healthcare
• You have foreign ties or do business abroad
• You made threats against a public official
• You have a security clearance and are being vetted
• You are suspected of providing false statements on a government form or application

Your Miranda Rights

If taken into FBI or IRS custody, you have the following Miranda rights:

• Right to remain silent – you don’t have to answer any questions
• Anything you say can be used against you in court
• Right to consult an attorney before speaking to agents and have them present for questioning
• If you cannot afford an attorney, one will be appointed to represent you

Common FBI and IRS Tactics

Some tactics used by federal agents include:

• Trying to build rapport to get you to open up
• Saying you could be in serious trouble if you don’t cooperate
• Good cop/bad cop routine – one friendly, one aggressive
• Flattering or threatening you to get information
• Lying about what evidence they have
• Offering to make a problem go away if you help them

That’s why it’s so important not to fall for pressure tactics and insist on having an attorney present before answering substantive questions. The investigators are doing they’re job, but it’s not their role to protect your rights – that’s your responsibility.

Your Home and Property Can Still Be Seized

Even if you don’t consent to a search, federal agents may still be able to seize your property with a warrant. And they can freeze assets suspected of being connected to criminal activity through forfeiture proceedings. So stopping a search won’t necessarily prevent your home or bank accounts from ultimately being impacted.

Don’t Try to Hide Evidence

If federal agents show up with a search warrant, do not attempt to hide or destroy any evidence. That could lead to obstruction of justice charges. Simply state you do not consent to any searches and let the agents do their job.

Cooperate With Your Attorney

This should go without saying – be 100% open and honest with your lawyer. Don’t hold anything back. They need to know all the facts to mount the best defense. Follow their advice to the letter, even if goes against your instincts.

You May Be Asked to Testify or Inform

The government may ask you to testify in a trial related to your case. While uncomfortable, refusing could potentially lead to charges like contempt of court. The FBI may also try to recruit you as an informant in exchange for leniency. Think hard before agreeing to anything like this without discussing it with your attorney first. There are many nuances to navigate.

Getting Your Finances in Order

If facing charges that could lead to fines or asset seizure, get your financial house in order. Make sure you have access to enough funds to pay legal fees and support yourself if accounts are frozen. Cancel unnecessary expenses, move funds somewhere safe, and alert people who depend on you financially.

Be Selective About Who You Tell

Use discretion about who you share details with. You probably don’t want to blast out on social media that you’re being questioned by the IRS. Keep personal details on a need-to-know basis. But do inform close family/friends about the situation so they aren’t caught off guard.

Take Care of Your Mental Health

This process can take a toll on your wellbeing. Make self-care a priority. Lean on your support system. Seek professional counseling if needed. Don’t let the stress damage your physical or mental health.

Be Prepared for a Lengthy Process

Investigations and legal proceedings involving federal agencies often drag on. Manage expectations that resolving the situation could take months or even years. Patience and perseverance will be key during this challenging time.

How an Attorney Can Help

A qualified white collar criminal defense lawyer can provide invaluable help if you find yourself on the FBI or IRS’s radar, including:

• Advising you on how to interact with investigators
• Keeping you from making costly legal mistakes
• Negotiating with prosecutors for a favorable resolution
• Filing motions to suppress evidence improperly obtained
• Mounting a strong defense in court if charges are filed
• Avoiding or minimizing potential fines and jail time

Having an experienced attorney in your corner can make navigating federal scrutiny much less intimidating. Don’t go it alone.