What Happened, and What It Means
Federal agents came to my home or office
Agents usually arrive unannounced, often early in the morning, and usually in pairs. One asks questions and the other writes the report, called an FBI 302. You are not required to answer. You can say, "I want to speak with my lawyer before I answer any questions," take a business card, and end the conversation. A false statement to a federal agent is a separate crime under 18 U.S.C. § 1001, punishable by up to five years, even when the conduct under investigation is never charged.
I got a letter from the U.S. Attorney's Office
The letter will not always say "target letter." It usually states that you are a target or subject of a federal grand jury investigation in a named district, lists your rights, and invites you or your lawyer to call. Do not call the prosecutor yourself. If the letter says "target," read our page on target letter defense.
I was served with a grand jury subpoena
A subpoena to testify, or to produce documents, is a court order with a return date. Ignoring it is contempt. Destroying or altering records after you know about an investigation is obstruction, punishable by up to 20 years under 18 U.S.C. § 1519. A lawyer can often narrow the scope, move the date, assert privileges, and find out whether the government views you as a witness, a subject, or a target before you produce anything or say anything.
Agents executed a search warrant
Do not interfere, and do not answer questions while the search is underway. You are entitled to a copy of the warrant and an inventory of what was taken. Seized devices frequently hold privileged communications with lawyers, doctors, and accountants; those need to be protected immediately. If property was taken that the government has no right to keep, Federal Rule of Criminal Procedure 41(g) provides a path to get it back.
My bank, accountant, business partner, or employees were contacted
Third-party subpoenas and employee interviews usually come before anyone contacts the person the government is most interested in. If people around you are being contacted, assume you are next and get counsel before you are.
What to Do in the Next 24 Hours
- Do not talk to agents. Politely decline and ask for a card.
- Do not call the prosecutor or the agent back yourself.
- Do not discuss the investigation with coworkers, partners, or anyone else involved. Those conversations are not privileged, and those people may already be cooperating.
- Preserve everything. Do not delete emails, texts, files, or messaging apps, and do not wipe or replace devices.
- Write down what happened while it is fresh: who came, what they asked, what they said, what they took. Address it to your lawyer.
- Call a federal criminal defense lawyer before you respond to anything.
How We Handle a Federal Investigation
- Find out where you stand. Federal prosecutors classify people as targets, subjects, or witnesses. We contact the prosecutor, identify the agency and the theory, and determine your status before you make any decision.
- Take over all contact with the government. Agents and prosecutors deal with us, not with you.
- Manage the subpoena. We negotiate scope and timing, assert attorney-client and other privileges, and address Fifth Amendment protections that can apply to the act of producing documents.
- Decide on testimony. Whether you testify, invoke the Fifth Amendment, seek immunity, or proffer is a strategic decision with lasting consequences. We make it with you, with the facts in hand.
- Respond to searches and seizures. We move to protect privileged material, demand return of property where warranted, and address asset freezes and forfeiture.
- Argue before charges are filed. Where the facts support it, we present the defense to the prosecutor while the charging decision is still open.
Why the First Move Decides So Much
Federal investigations are usually months old by the time anyone is contacted. The government has records, bank data, and often a cooperating witness. The early contact is designed to lock you into a statement. Three things happen quickly if you handle it alone: a statement that does not match the documents becomes a § 1001 charge; a deleted file becomes an obstruction charge; and the people around you decide whether to cooperate before you have decided anything. The general federal statute of limitations is five years (18 U.S.C. § 3282), and ten years for fraud affecting a financial institution (18 U.S.C. § 3293), so an investigation can run long before charges are filed. The window to influence it is widest at the start.
Federal Investigations Nationwide
Federal investigations follow the same rules in every district. AMC Defense Law represents people under federal investigation in Florida, New York, New Jersey, North Carolina, Texas, California, and other federal districts, appearing pro hac vice where required.
Who Handles Your Case
Aaron M. Cohen has defended federal and state criminal cases for more than 30 years, including fraud, healthcare, narcotics, and financial crime investigations. Our team includes a federal investigations consultant who is a former FBI Supervisory Special Agent and a Certified Public Accountant licensed in Ohio and Florida. He spent his career building the kinds of cases our clients now face, which lets us read an investigation from the government's side.
