When you find out you’re the target, or even just a subject, of a federal investigation, your first reaction may be fear, confusion, or even denial. However, one thing is clear: what you do next can have a significant impact on your future. Federal investigations are serious, often complex, and carry the potential for life-altering consequences. Whether the case involves white-collar crimes, such as fraud, conspiracy, bribery, or insider trading, taking early steps to protect yourself is critical.
Don’t Wait to Be Charged
Many believe they only need a lawyer after being indicted, but that’s a mistake. Federal investigations often unfold over months or even years. During this time, agents may gather documents, monitor communications, or approach you for an interview.
If you receive a subpoena, target letter, or even a seemingly informal request to “talk,” contact a federal defense attorney immediately. The earlier you retain counsel, the more options you have to resolve the case favorably, possibly before charges are even filed.
Understand the Role You May Be Playing
Federal agencies like the FBI, IRS, DEA, and DOJ divide individuals into three categories in an investigation:
- Witness: Someone who has information but is not suspected of wrongdoing.
- Subject: Someone whose actions fall within the scope of the investigation but who is not yet a target.
- Target: Someone the government believes committed a crime and is likely to be charged.
You may not be aware of your status unless your attorney reaches out to the prosecutor. What appears to be a casual conversation could actually be an effort to gather evidence against you. Remember, you have the right to remain silent and to legal counsel: use both rights.
Do Not Destroy Evidence
It may be tempting to delete emails, discard documents, or wipe devices, but doing so can have dramatic consequences. Destroying evidence is a separate federal crime (obstruction of justice) and often leads to harsher penalties than the underlying offense.
Even if you believe a document is harmless or irrelevant, consult your attorney before taking any action. The safest course is to preserve all records and communications exactly as they are.
Be Cautious About Talking to Others
During an investigation, conversations with colleagues, family, or friends can be misinterpreted or even used against you. Investigators may subpoena texts or emails, record phone calls, or pressure others into cooperating.
Never attempt to influence or coach someone else’s testimony. This, too, can be considered obstruction. Let your attorney handle communications with other parties involved in the investigation.
Don’t Assume the Government Is Wrong or Right
Federal prosecutors do not bring cases lightly. They often have access to sophisticated investigative tools, wiretaps, surveillance, and cooperating witnesses. However, even federal agents can misinterpret complex transactions or act on incomplete information.
If you’re innocent, you may believe you can “explain everything away.” But innocent people can, and do, get charged. A qualified federal defense attorney can assess the case objectively, identify potential legal defenses, and communicate with prosecutors to clarify facts before the situation escalates.
Work with an Attorney Who Understands Federal Court
Federal cases differ significantly from state-level charges. The rules of evidence, discovery, sentencing, and procedure are more complex, and the stakes are often higher. You need a lawyer who is deeply experienced in federal criminal defense, particularly in white collar and financial investigations.
At the Law Office of Aaron L. Wiley, we understand the nuances of federal investigations and know how to protect our clients’ rights at every stage. From grand jury subpoenas to pre-indictment negotiations, we focus on strategic, proactive defense.
Facing a Federal Investigation? Take the First Step Today
If you suspect you’re under federal investigation or have already been contacted by agents, contact the Law Office of Aaron L. Wiley today for a confidential consultation. Your future may depend on it.