What You Say—and What You Do Next—Can Have Serious Consequences

Being contacted by the FBI, IRS Criminal Investigation, DEA, Homeland Security Investigations, or another federal agency can be unsettling—especially when you have not been arrested or charged with a crime.

The absence of charges does not necessarily mean the situation is minor. Federal investigations can develop for months or even years before prosecutors decide whether to seek charges. An unexpected phone call, request for an interview, subpoena, or visit from federal agents may be your first indication that an investigation exists.

The most important thing to understand is simple: you do not have to wait until you are arrested to speak with a criminal defense attorney. In many circumstances, obtaining legal advice during the investigative stage gives you an opportunity to understand why federal authorities are contacting you and to avoid decisions that could unnecessarily complicate the situation.

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Table of Contents

1. Why Would Federal Agents Contact You?
2. Think Before Answering Questions
3. Why False Statements Can Create a New Problem
4. Subpoenas, Target Letters, and Search Warrants
5. Why Contact an Attorney Before Charges Are Filed?
6. Contact Roy J. Kahn, P.A.

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Why Would Federal Agents Contact You?

Federal agents may contact someone for many different reasons. You may simply possess information investigators believe is relevant to another person or business. You could be considered a witness, a subject of an investigation, or potentially a target.

The important point is that you may not know which category applies when the initial contact occurs.

An agent might say that they simply want to ask a few questions. The conversation may appear informal and could occur by telephone, at your business, or even at your home.

That does not mean you should panic. It also does not mean you should automatically agree to an immediate interview.

A reasonable response can be courteous and straightforward: you would like to speak with an attorney before deciding whether to participate in an interview.

You should also avoid destroying, deleting, concealing, or altering documents, electronic communications, or other potentially relevant information. Preservation of records can become extremely important once you know an investigation may exist.

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Think Before Answering Questions

Many people assume that if they have done nothing wrong, the best approach is to immediately answer every question. That instinct is understandable, but federal investigations can involve complicated facts, transactions, documents, dates, and conversations that may have occurred years earlier.

A person can misunderstand a question, incorrectly remember a detail, make an assumption, or attempt to explain something without knowing what evidence investigators already possess.

There is also an important distinction between declining to answer questions and giving investigators information that is false or misleading.

Before participating in a voluntary interview, an attorney can communicate with investigators or prosecutors, determine what information can appropriately be obtained about the investigation, and advise the client regarding available options.

Having an attorney involved does not establish guilt. It means you are obtaining legal advice before making decisions that may have significant consequences.

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Why False Statements Can Create a New Problem

One of the most important federal statutes to understand in this situation is 18 U.S.C. § 1001.

Subject to the statute’s requirements and exceptions, federal law makes it a crime to knowingly and willfully make materially false, fictitious, or fraudulent statements or representations in matters within federal jurisdiction.

This can become particularly significant during an interview with federal investigators.

For example, someone may believe that simply denying something is safer than explaining it. But the United States Supreme Court has rejected a general “exculpatory no” exception to § 1001. In other words, a knowingly false denial can potentially create its own legal exposure when the statutory requirements are satisfied.

The practical lesson is not that everyone contacted by investigators has committed a crime. Rather, it is that an unplanned conversation with federal agents should be taken seriously.

If you do not know how to answer a question accurately—or if you first want legal advice—you should not guess or invent an answer.

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Subpoenas, Target Letters, and Search Warrants

Not every federal investigation begins with agents asking questions. You may instead learn about an investigation through a subpoena, correspondence from prosecutors, or the execution of a search warrant.

These situations are different and should be evaluated individually.

A subpoena may require testimony, documents, electronic records, or other evidence. Do not ignore it. An attorney can review its scope, deadlines, and legal obligations and determine whether any objections, privileges, or other issues should be addressed.

A target letter may notify someone that prosecutors consider that person a target of a federal grand jury investigation. Receiving one requires prompt attention, but it does not itself mean the recipient has been convicted—or even necessarily charged.

A search warrant presents a different situation. If federal agents arrive with a warrant, physically interfering with the search is not an appropriate response. The warrant and the circumstances surrounding its execution should instead be reviewed by counsel as soon as possible.

Whatever form the initial contact takes, preserve the paperwork you receive and make a record of what happened while the details are fresh.

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Why Contact an Attorney Before Charges Are Filed?

Criminal defense does not always begin in a courtroom.

During a federal investigation, an attorney may be able to communicate directly with investigators or the prosecutor’s office, help determine the client’s status, evaluate requests for interviews or documents, address subpoenas, preserve applicable privileges, and advise the client about how to proceed.

Every investigation is different. Sometimes a person is merely a witness. Other times, facts that initially appear routine may develop into a much more serious matter.

This is particularly important in complex investigations involving allegations of healthcare fraud, tax offenses, financial crimes, mortgage fraud, narcotics, or other conduct that may involve federal jurisdiction.

The objective is not to obstruct an investigation. It is to make informed decisions while protecting the rights provided by law.

“Some of the most important decisions in a criminal case can happen before there is ever a criminal case.” — Roy Kahn

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Contact Roy J. Kahn, P.A.

If federal agents have contacted you, you received a subpoena or target letter, or you believe you may be involved in a federal investigation, consider obtaining legal advice before responding or participating in an interview.

Roy J. Kahn, P.A. has represented individuals in criminal matters since 1985, including matters involving federal investigations, grand jury proceedings, white-collar and economic crimes, healthcare fraud, tax matters, narcotics, and other serious criminal allegations.

Early legal advice may help you better understand the investigation, your rights, and the decisions ahead.

Roy J. Kahn, P.A.
Miami Criminal Defense
Phone: 305-358-7400
Email: rjk@roykahnlaw.com

This article provides general information and is not legal advice. Every investigation depends on its individual facts and circumstances. Reading this article or contacting the firm does not, by itself, create an attorney-client relationship.

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