What To Do If You’re Under FBI Investigation
Last Updated:
who have been charged with a crime by the FBI.
The Federal Bureau of Investigation (FBI) is a primary federal law enforcement agency for investigating many federal white collar crimes. Special agents are the core investigative force of the FBI, playing a crucial role in protecting national security by addressing threats to the nation. The agency investigates crimes such as: public corruption, cyber crime, embezzlement, extortion, racketeering, and terrorism. It can also investigate potential fraud in both federal and private programs. The FBI collaborates with various law enforcement partners to enhance its investigative capabilities and address complex crimes more effectively. They utilize surveillance and search warrants extensively in their investigations. The FBI has federal jurisdiction under the supervision of the Department of Justice (DOJ) and often works in cooperation with the Health and Human Services-Office of Inspector General (HHS-OIG).
Why Have Over 2,000 Clients Trusted Us?
Are you under investigation by the FBI? Are you stressed and concerned about your rights, your reputation and your livelihood?
Let me put your mind at ease. We have handled over 2,000 federal cases and we know the best strategy to successfully win your case. Here’s why clients give us 5-star ratings on Google and AVVO:
1. Only a highly experienced “trial-ready” attorney will work on your case. Never a paralegal or junior attorney.
2. Former FBI – Former DOJ Staff – Former U.S. Attorney
3. My team is available by email, phone and text. We want to make sure you have easy access for any questions.
4. No one beats our track record: 45 states (2,000+ Cases)
5. We don’t surrender – we fix!
Don’t settle for anything less than what you deserve!
Call or text me now to discuss the details of your case.
Dr. Nick Oberheiden
888-680-1745
Discovering an FBI Investigation
No matter if an FBI investigation is referred by the HHS-OIG or is provoked by another party, the investigation will usually progress for quite some time before the company or individuals under investigation are made aware of it. Submitting a report to the Internet Crime Complaint Center (IC3) can be a critical step in the investigation process, helping to track trends and enhance the collective response to cyber threats and crimes. You may ultimately end up receiving a target letter or a grand jury subpoena from the DOJ informing you of the investigation. More likely, however, you will be approached by federal law enforcement agents yourself or you will hear from business partners, employees (former or current), or friends that they have been approached by an FBI special agent. A federal agent may come to your home or place of business with a search warrant. You may also receive a grand jury subpoena which strongly supports the idea that you are being targeted by a federal investigation, leading to criminal white collar crimes charges being filed in court.
Initial Contact with FBI Agents
You must assume you are the target of an investigation if you are approached by an FBI special agent. Protecting the digital world is a top priority for the FBI, and they take cybersecurity threats and cyber crime very seriously. Investigators may state or suggest that you are merely a witness or that they are primarily interested in someone else. While this may or may not be true, it is often used as a tactic to get incriminating statements and information from a target. It is crucial to protect your legal rights during any interaction with FBI agents to avoid making statements that could be used against you. You are not required to agree to be interviewed. In fact, it is generally not in your best interest to do so. You may be concerned, and the FBI agent may even suggest that it “looks bad” if you do not agree to be interviewed when asked. However, you have a right to the best attorney, and FBI agents typically already have strong opinions about whether you are a victim, witness, subject, or target that likely won’t change depending on whether or not you agree to be interviewed. You may very well make statements that are incriminating or inaccurate if you go into an interview unprepared, without knowing the subject of the interview, and without taking the time to review the relevant documents and remember the circumstances surrounding the conduct at issue. Your attorneys may decide that a proffer is in your best interest, but they will weigh all the relevant factors before making a decision. A proffer is an offer made to the prosecution, usually involving cooperation or information in exchange for some form of leniency or immunity. The best attorney can generally undo any harm caused by initial reluctance to speak with FBI agents, but it will be far more difficult to repair the damage caused by unrepresented communication with agents. Any violation of federal law uncovered during the investigation can lead to severe legal consequences and criminal charges.
This is Why You Are in Good Hands
Take Action Now if You Are Under FBI Investigation
If you are under investigation by the FBI, the investigation is likely criminal in nature. This means that you are at risk of receiving criminal charges, prison time, probation, or criminal fines. Special agents may have been gathering evidence and conducting surveillance for months. In many instances, the way a target acts during the course of an FBI investigation determines whether that person is charged at all. Thus, the steps you take while the federal investigation is pending are often more important than the defense you put on at trial.
The FBI has a big advantage over you at the time when you first learn of the investigation. They have likely been investigating you for months if not years, and they may have access to your phone records or bank accounts. Your attorney will need to catch up in terms of understanding the historical and current facts, so you should give your attorney as much time as possible to do that.
Protecting Yourself During an FBI Investigation / FBI Defense Strategies
1. Do Not Talk about Your Case
You do not know who is cooperating with the federal government. Conversations may be recorded and even if they are not – be careful. Anyone you speak with (other than your attorney) may be called to testify against you. In addition, saying the wrong thing could lead to obstruction of justice charges that may carry penalties as severe as the underlying charges being investigated.
Obstruction Of Justice Defense Law Firm
2. Avoid Social Media
The Federal Bureau of Investigation may already have access to your social media accounts just like your communication records. You should not discuss the details of your case on social media, no matter how strict you set your privacy settings. Anything you post can be used against you. Posts of money or expensive luxury items are often particularly problematic and are seen as typical for white collar crimes.
3. Do Not Destroy Evidence
It usually does not work as the FBI often either already had access to the information destroyed or is able to reconstruct the information. More importantly, the destruction of evidence can lead to new crimes charged and can support strong inferences about the content of the destroyed evidence. In fact, once you become aware of the investigation, you should terminate automated deletion processes to avoid the unintentional destruction of relevant evidence.
Hire an Experienced FBI Defense Federal Lawyer To Guide You on What To Do If You’re Under FBI Investigation
Do not wait until federal crimes get charged to hire the best defense counsel. A defense attorney can assist you through the federal criminal investigation and limit your exposure to criminal charges. The sooner you hire an experienced federal defense attorney, the more likely you will be to avoid criminal charges. In addition, a skilled defense attorney can help you avoid common mistakes that many targets make like lying to a federal officer or obstructing justice. Your attorney will take care of all communications with federal agents, including responding to subpoena requests, and will report if and when it is in your best interest to grant an interview with federal investigators and federal prosecutors. Special agents use various techniques to gather evidence, and a knowledgeable lawyer can help navigate these challenges and protect you from making mistakes.
If the FBI is investigating you, a federal law is at issue and any eventual crimes charged will be brought in federal court. Federal court is very different from state court and you will need an attorney who is well versed in federal laws and federal procedures and has appeared in court. The best federal criminal defense attorney will also explain to you how the investigative process works and what to expect from an investigation from a federal agency. You want a lawyer who answers your questions about your case and one who listens and responds to your concerns. This means hiring a law firm that will not wall you off from attorneys with office staff and whose attorneys are available to speak with you whenever you need them.
Schedule a Free Consultation with Oberheiden, P.C. Today
A federal criminal investigation is a serious matter and can involve multiple federal agencies, including the FBI, IRS, DEA, and ICE. If you are under investigation by the FBI or other federal agencies, you can contact Oberheiden, P.C. for a free and confidential consultation. Our FBI defense attorneys are available seven days a week to speak with you about how we may be able to help you with your case. Oberheiden, P.C. represents clients across the country facing federal investigations from federal law enforcement agencies.
Dr. Nick Oberheiden, founder of Oberheiden P.C., focuses his litigation practice on white-collar criminal defense, government investigations, SEC & FCPA enforcement, and commercial litigation.
