Travel Restrictions During a Federal Investigation.

Are There Any Exceptions to the General Rule?

Are There Exceptions to the General Rule for Foreign Travel?

Can I Travel If There Is an Active Warrant?

Does a Search Warrant Prohibit Interstate or International Travel?

What is a Federal Investigation?

What Are the Consequences of Travel Violations?

How Can I Protect Myself from Unnecessary Consequences?

How Can I Ensure That I Am Not Violating My Pretrial Release Conditions?

What Are the Consequences of a Federal Investigation?

When Does an Investigation Become a Case?

Can I Leave the State During a Federal Investigation?

A Target Letter Does Not Impose Travel Restrictions

A federal target letter does not, in and of itself, restrict your ability to travel interstate or internationally. While a target letter can signal a serious federal criminal investigation, the target of the investigation has not been formally charged and remains free to travel. This is a key difference between being the target of an investigation and being facing criminal charges.

A Grand Jury Subpoena Does Not Impose a Blanket Travel Ban

A federal grand jury subpoena does not generally impose a blanket ban on interstate or international travel. However, the subpoena will specify a date, time, and location for your appearance at a grand jury hearing. If your travel plans conflict with the scheduled date of the hearing, this can present complications that may necessitate immediate action to avoid unnecessary consequences.

An Investigation is Not the Same as an Indictment

A federal investigation is not the same thing as a criminal indictment or criminal complaint. One of the most critical distinctions between the two is that a federal investigation will not automatically trigger restrictions on travel. Once an indictment or criminal complaint is filed, you are facing criminal charges, and your ability to travel interstate and internationally could be subject to various conditions.

What is a Target Letter?

A target letter is a notice from the U.S. Attorney’s Office informing an individual that they are the target of a grand jury investigation. U.S. Attorneys are not legally required to send target letters, but they often do so in cases where a person has been suspected of serious criminal conduct. These letters identify the specific statutes that are believed to have been violated and usually provide a deadline for contacting the prosecution team.

What is a Federal Grand Jury Subpoena?

A federal grand jury subpoena is a legal demand for the production of documents or for testimony in a federal criminal matter. A grand jury can issue subpoenas before criminal charges are filed, and if you have been subpoenaed, you have the right to challenge the subpoena on various legal grounds.

What Should I Do If an FBI Agent Wants to Interview Me?

Before an arrest is warranted, an FBI Special Agent may contact potential targets or other individuals for interviews and other evidentiary purposes. While you are never legally required to speak with federal agents, whether or not an arrest warrant has been issued, you should consult with defense counsel regarding the best course of action.

Can Someone Under Federal Investigation Leave the Country?

Q: Does Leaving the Country Extinguish an Outstanding Federal Arrest Warrant?

A federal arrest warrant is valid both inside and outside the United States. Leaving the country does not extinguish an outstanding warrant, and the United States has a long history of cooperating with foreign authorities to locate and extradite individuals who are under arrest warrant.

Q: When Can the U.S. Department of State Deny Passport Issuance?

The U.S. Department of State has the authority to deny passport issuance in various scenarios. Specifically, 22 C.F.R. 51.60(a) states that the issuance of a passport is not “in the interests of the United States” if the person has an outstanding arrest warrant from a federal court in a criminal proceeding.

Q: When Can the U.S. Department of State Revoke a Passport?

22 C.F.R. 51.62(a) establishes the Department of State’s authority to revoke issued passports in various scenarios. This includes cases where the passport holder has an outstanding warrant from a federal court in a criminal proceeding.

Q: When Can the U.S. Department of State Deny Passport Issuance Due to a Court Order?

In addition to revocation for an outstanding warrant, the Department of State may revoke passports for other reasons as well. For example, 22 C.F.R. 51.60(b)(2) provides that the Department may refuse to issue a passport if the applicant is subject to a criminal court order, condition of probation, or condition of parole, any of which forbids departure from the United States. If a federal judge has restricted travel as a condition of bail or pretrial release, the Department of State can deny issuance or revoke a person’s passport accordingly.

Q: When Can the U.S. Department of State Deny Passport Issuance Due to National Security Concerns?

Lastly, 22 C.F.R. § 51.60(c)(4) provides the Department of State authority to deny issuance of a passport if the Secretary determines that the applicant’s activities abroad are causing or are likely to cause serious damage to the national security or the foreign policy of the United States. This covers issues such as involvement in terrorism and other activities that present threats to United States’ national interests.

Q: Is It a Bad Idea to Leave the Country During a Federal Investigation?

If the government has already made it clear that it suspects you of committing a federal crime, then abruptly leaving the country can give prosecutors evidence they can use to say that you are trying to flee prosecution. This will lead to various legal problems if you are ever arrested.

Q: Does Permission to Leave the United States Guarantee Admission to a Foreign Country?

Foreign countries have the independent authority to decide whether you will be allowed to enter. While the U.S. government may not prevent you from leaving the country, the foreign country that you are visiting can deny you entry. When you travel internationally, there are two entities involved: the entity you are leaving and the entity you are entering. Each entity will make its own decision based on the laws and policies that it implements.

How Do I Get Permission to Travel After Facing Federal Charges?

Q: What factors does a federal judge consider when deciding whether to allow release after federal charges?

The Bail Reform Act of 1984 mandates that federal judges determine “the least restrictive condition or combination of conditions that will reasonably assure the appearance of the person as required and the safety of any other person and the community.” The Act is codified at 18 U.S.C. § 3142. When considering release under the Act, judges must prioritize:

• Ensuring that the individual will appear in court when required,
• Ensuring that the individual does not pose a danger to the community or other persons, and
• Ensuring that the individual does not pose a risk of fleeing prosecution.

Q: What are some of the conditions that may be imposed when you are released after federal charges?

Pursuant to 18 U.S.C. § 3142(c), federal courts have the authority to impose various conditions on the release of a defendant pending trial. Some of these conditions can restrict travel interstate or internationally. As stated in Section 3142(c)(1)(B):

• A court may impose a condition limiting the person’s travel to a particular district, state, or other geographic area, and
• A court may order that the person surrender their passport or other travel documents.

Q: What are the consequences of violating conditions imposed on release when facing federal charges?

Violating any of the terms or conditions imposed by a federal court when granted release on bond can result in a variety of consequences. Depending on the circumstances, a violation of release conditions can lead to revocation of the individual’s pretrial release, contempt of court, and incarceration.

Q: What are the consequences of fleeing the country when facing federal charges?

Deliberately fleeing the country or crossing state borders when you know that you are the target of a federal investigation, or when you have been indicted, can support a court’s finding that you pose a flight risk. In addition to the consequences described above, this is grounds for you to be detained prior to trial.

Q: Does a federal court revoke your passport when you are released?

This depends on the specific release order issued by the presiding judge. For example, some orders expressly require the surrender of your passport or other travel documents to keep in your case file. These are considered preconditions to release.

Q: How can I get permission to travel after facing federal charges?

If you are facing federal criminal charges and have been granted pretrial release, you can ask the court to amend the conditions of release. Under 18 U.S.C. § 3142(c)(3), a court has the authority to modify or rescind conditions of pretrial release by order of the court, including travel restrictions.

Q: Can Pretrial Services Approve Travel?

Generally, the authority to travel under pretrial release is delegated to the person in charge of pretrial services. If this authority is delegated, then you can simply contact the person in charge of pretrial services for approval. However, unless this authority is delegated, you must contact your legal counsel and make a request to the court to amend the conditions of your pretrial release.

Q: Will a Federal Court Grant Permission to Travel?

18 U.S.C. § 3142 favors the least restrictive conditions possible when permitting release on bond. This applies to allowing a person to travel interstate or internationally as well. If it is possible to reasonably assure the appearance of the person at future hearings, then a court should favor the least restrictive alternative. However, if you are a flight risk or present a danger to the community, the court may not permit you to travel.

If you are facing this situation, Spodek Law Group handles federal criminal defense matters nationwide, from offices in New York and Los Angeles.

Can I be Arrested at an Airport While Traveling?

Q: What Are the Chances of Getting Arrested at the Airport?

While it may seem surprising, the chances of being arrested at the airport while traveling are certainly real. If you are under investigation or have an active warrant, the possibility of being arrested while traveling is significant.

Even if you are unaware of any charges or warrants, a federal judge can seal an indictment in various scenarios. This means the indictment will not be listed in the public docket. Thus, while you would not know you were charged with a crime, a sealed indictment can trigger arrest warrant issuance in turn.

This means that even if your lawyer conducts a public docket search and discovers that there are no charges against you, you can still be arrested at the airport if there is a sealed warrant.

Q: If You Are Aware of a Sealed Indictment or Warrant, What Are the Options?

If you are aware of a sealed indictment or warrant, what options do you have? As your legal counsel, our team will evaluate all possible options. Some options may involve negotiating with the prosecution in an effort to get a warrant lifted. Other times, it may involve asserting your constitutional rights on the condition of no-contact with any agents or prosecutors.

Q: Are Luggage Searches at the Border Constitutional?

Are luggage searches at the border constitutional? The answer is yes. Border Patrol Agents do not need a warrant to search your checked luggage, nor do they need probable cause.

Q: Can Border Patrol Agents Inspect Electronic Devices at U.S. Customs?

A traveler’s electronic devices can be examined at the border as well. The U.S. Customs and Border Protection Agency is authorized to inspect and even temporarily detain any electronic device that the agent sees fit. The legal standard for border searches by CBP agents is currently in flux, and appellate circuits are split on this issue. The Eighth Circuit permits forensic searches of electronic devices at the border without any individualized suspicion. In the Ninth Circuit, by contrast, a forensic search requires reasonable suspicion that the device contains digital contraband, and the scope of the search is limited to that contraband.

Q: Are Other Constitutional Protections Still in Place at the Border?

This is not to say that the government has unfettered authority. For example, border search authority does not include the right to bypass constitutional protections against self-incrimination.

Q: Is an Indictment Necessary for the Issuance of an Arrest Warrant?

No, an indictment is not necessary. A criminal complaint can also establish probable cause for the issuance of an arrest warrant. While a criminal complaint must generally be supported by a grand jury within 30 days, you can still be arrested prior to the grand jury proceedings.

Do Subpoenas or Surrender Arrangements Stop Planned Travel?

Q: What are the Rules of Criminal Procedure Regarding Subpoenas?

The Rules of Criminal Procedure cover a wide range of issues, including criminal subpoenas. Rule 17, for example, governs the issuance of criminal subpoenas in the federal system. The rule gives the courts broad authority to compel the production of documents and the attendance of witnesses. However, the rule also provides some protections against unreasonable and oppressive subpoena requests. Rule 17(c)(2) provides that the court can quash subpoenas and provide limiting instructions upon a showing that the subpoena is “unreasonable or oppressive.”

Q: Can a Judge Issue Sanctions Against Someone for Failing to Respond to a Subpoena?

Yes, and not only are monetary sanctions available. Under Rule 17(g), the court can impose contempt sanctions if a witness fails to appear or produce required documents “without adequate excuse.”

Q: What Happens if a Person is Subpoenaed to Testify in Federal Court but Wants to Assert Their Fifth Amendment Right Against Self-Incrimination?

If you are subpoenaed to testify at a grand jury hearing or trial, you will still need to appear. Once you appear, you can then assert your Fifth Amendment rights or any other privileges that may be available to you.

Q: Can the Government Detain a Material Witness?

Yes, the government can sometimes detain material witnesses who are deemed necessary to testify. Under 18 U.S.C. § 3144, a federal judge can issue a warrant if the government has evidence “that it will be impracticable to secure the presence of the person by subpoena.”

Q: When is it a Crime to Lie to the Government?

Lying to the government can lead to criminal charges. Under 18 U.S.C. § 1001, it is a crime to willfully make a “materially false, fictitious, or fraudulent statement” within the jurisdiction of the United States. The government is very efficient at securing indictments and arrest warrants for these cases.

Q: Does Scheduling a Voluntary Proffer Stop Planned Travel?

Scheduling a voluntary proffer does not, in and of itself, prohibit you from traveling. However, as in all other scenarios, if your travel interferes with your ability to appear as scheduled, this can lead to unnecessary consequences, and it can be used against you.

Q: What Happens if Someone Fails to Show Up for a Negotiated Surrender?

If you have a negotiated surrender date and you miss it, prosecutors may choose to withdraw the arrangement. This could allow federal authorities to arrest you at any time.

What Should I Do Before Traveling Under Investigation?

Q: When Does Destruction of Documents Become a Crime?

Pursuant to 18 U.S.C. § 1519, it is a crime to “knowingly alter, destroy, mutilate, conceal, cover up, falsify, or make a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence, or otherwise affect the investigation or proper administration of any matter.” This means that destroying or hiding evidence, even in the case of an investigation, could be a crime.

Q: What Happens to an Adjustment Application When a Applicant Leaves the Country?

Generally, if an applicant for adjustment of status departs the country without advance parole, this results in the abandonment of the applicant’s pending adjustment application. 8 C.F.R. 245.2(a)(1) provides a list of exceptions to this general rule.

Q: When Does an Applicant Facing an Adjustment Inadmissibility Ban Need to Apply for a Waiver?

An individual who has remained unlawfully present in the United States can face inadmissibility after leaving. Specifically:

• Those who have stayed unlawfully for more than 180 days can face a three-year ban on readmission.
• Those who have stayed unlawfully for one year or more can face a 10-year ban.

If you are subject to an inadmissibility ban, you must apply for a waiver to be admitted back into the United States.

Q: Who is a DOJ Target, Subject, and Witness?

A DOJ target is an individual who is the most likely candidate for prosecution in a federal criminal case. A target is often a suspect for which the government believes it has substantial evidence to believe that the individual has committed a crime.

A DOJ subject is an individual whose conduct falls within the scope of a grand jury investigation but who is not presently a target. It’s possible for a person to be a subject one day and a target the next.

A DOJ witness is an individual who might provide information about a crime and who might be subject to criminal charges based on the information shared. Having information that can be relevant in a federal criminal investigation does not necessarily make a person a target of the investigation.

Q: Does Legal Permission to Travel Stop Government Agents from Arresting Someone at the Airport?

Legal permission to travel will not, however, eliminate the risk of being arrested. As stated above, sealed indictments can lead to issuance of warrants and subsequent arrests.

Likewise, there is a difference between having legal permission to leave and enter the U.S. and the possibility of government agents deciding to detain you when you try to cross the border. If your actions at the airport trigger an agent’s suspicion, you may be subject to further inspection or even detention.

Speak With a Federal Defense Lawyer

If you are dealing with any part of what this article describes, the next step is a conversation with a lawyer who handles these cases. Spodek Law Group is a second generation criminal defense firm practicing since 1976, representing clients nationwide from offices in New York, Brooklyn, Queens and Los Angeles. Call 212-300-5196 to speak with our team.