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FROM THE DEFENSE DESK / CRIMINAL DEFENSE
07 JAN 2026 · 5 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: FBI · INVESTIGATIONS
DOCKET NO. 026 · THE DEFENSE DESK

How do you know if the FBI has a case on you?

The FBI does not send save-the-dates. But investigations leak signals - nine of them, reliably - and the people who read the signals early are the ones who end up as witnesses instead of defendants.

Todd A. Spodek
Todd A. Spodek
MANAGING PARTNER · 07 JAN 2026 · 5 MIN READ
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The nine signals.

Friends and colleagues get interviewed about you - the single most reliable sign, because agents work the perimeter before the center. A grand jury subpoena arrives, to you or your business. Your bank freezes or flags accounts, or you get a § 2705(b)-delayed notice that records were demanded months ago. A target letter lands - the formal one. Agents “just want to chat.” TSA pulls you secondary every single flight. Your lawyer gets a call from an AUSA. A co-worker is arrested and their case documents describe an unindicted person shaped exactly like you. And the quietest one: people around you suddenly have lawyers.

One signal can be coincidence. Two is a pattern. Three is a case.

SIGNAL STRENGTH · READ IN COMBINATION
PERIMETER INTERVIEWSAgents asking others about you - the investigation is active and organized.
SUBPOENAS · FREEZESPaper is moving. The government is assembling records with your name on them.
TARGET LETTERNo ambiguity left - indictment is being drafted. Days matter now.
THE CHAT REQUESTThey believe you will talk. The 302 from that chat becomes the case.

What not to do when you see them.

Do not delete anything - the investigation you suspect becomes the obstruction case you guaranteed. Do not ask colleagues what agents asked them - witness tampering theories are built from exactly those conversations. Do not call the FBI to “clear things up.” And do not run your own PACER-and-Google investigation from your work computer. Quiet, disciplined, normal - while counsel does the looking.

IF THIS IS YOUR SITUATION
Stop reading. Start defending.

How counsel finds out for real.

A defense lawyer calls the U.S. Attorney’s office and asks the status question directly: witness, subject, or target. Prosecutors answer lawyers - it costs them nothing and starts the channel they want anyway. Counsel reads the subpoenas served on others, debriefs the witnesses who will talk, sweeps PACER for adjacent cases, and maps the investigation’s shape from its edges. Most clients learn more in the first week of representation than in six months of worrying.

The window this opens.

Pre-indictment is when cases get shaped: presentations that turn targets into subjects, proffers negotiated on protective terms, charges narrowed before they are voted. Once the indictment returns, those doors shrink. If the signals are accumulating, use the window - it is the most valuable real estate in the entire case.

Todd A. Spodek
THE AUTHOR
Todd A. Spodek
Managing partner. Second-generation federal defense lawyer - the Netflix defense, the Fox and CNN analyst chair, and two decades of federal courtrooms.
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