FEDERAL CRIMINAL LAWYERS

The Definitive Signs You’re Under Federal Investigation

If you’re wondering whether federal investigators are building a case against you—perhaps because you’ve noticed unusual activity, received unexpected inquiries, or heard that people you know have been questioned—understanding the specific signs of federal investigation and knowing how to respond could mean the difference between protecting your rights—and inadvertently providing prosecutors with the evidence they need to indict you.

The Definitive Signs You’re Under Federal Investigation

Federal investigations don’t announce themselves with formal notifications in most cases—instead, they reveal themselves through specific investigative activities that escalate as the case progresses, and recognizing these signs early gives you the critical window to retain experienced defense counsel and begin mounting a proactive defense before charges are filed. The most unmistakable sign is receiving a grand jury subpoena—this legal command comes in two forms: a subpoena duces tecum requiring you to produce documents (bank records, tax returns, emails, business files, communications), or a subpoena ad testificandum compelling you to appear and testify before a federal grand jury—and if you receive either, you are definitively involved in a federal criminal investigation, though your status as witness, subject, or target won’t be clear until you consult with counsel who can analyze the subpoena’s scope and make inquiries with the prosecutor’s office.¹ Another definitive indicator is receiving a target letter from the U.S. Attorney’s Office or Department of Justice—this formal written notification informs you that you’re the target of a grand jury investigation, identifies the criminal conduct being investigated (often citing specific federal statutes), and typically invites you to testify before the grand jury or proffer information to prosecutors—and make no mistake, this is not an opportunity to “clear things up” or “tell your side,” it’s prosecutors building their case and giving you enough rope to hang yourself, which is why you should never respond without thorough preparation with experienced federal defense counsel.² Direct contact from federal agents represents the third unmistakable sign—if FBI agents, IRS Criminal Investigation agents, DEA investigators, or other federal law enforcement show up at your home, office, or approach you in public wanting to ask questions, you’re under investigation, period—and what you say in those first moments can determine the trajectory of your case, because agents are trained interrogators who will use casual conversation, apparent sympathy, implied threats, and psychological pressure to elicit incriminating statements that seem harmless in the moment but become devastating evidence at trial.³ The execution of a federal search warrant provides perhaps the most dramatic sign—if federal agents show up with a warrant to search your residence, business, vehicles, or other property, you’re not just under investigation, you’re at an advanced stage where prosecutors have already convinced a federal magistrate judge they have probable cause to believe evidence of federal crimes will be found at the location, which means they’ve compiled substantial evidence justifying the search, they’ve identified specific crimes, and they’re actively gathering the final pieces needed for indictment.⁴

Signs Others Are Being Questioned

Federal agents interviewing your associates means you’re under investigation.

The Subtle Signs That Often Get Overlooked

Not all investigation signs are obvious—sometimes you’ll notice your bank has placed unusual holds on accounts—or sent notifications about government inquiries regarding your financial activity; you might discover that regulatory agencies like the SEC, IRS, or other federal bodies have requested extensive documentation beyond normal audit procedures; you could notice unexplained delays in business transactions, permits, or applications that previously processed routinely—or you might detect surveillance through vehicles that appear repeatedly near your home or office, unfamiliar people paying unusual attention to your movements, or unusual activity on your communications (though sophisticated federal surveillance is typically undetectable without technical counter-surveillance measures). Sometimes cooperating witnesses or informants will tip you off—either intentionally or through slip-ups in conversation—that they’ve been asked to gather information about you or record your communications, which indicates prosecutors are already building a case and using cooperators to gather additional evidence.⁵ Financial institutions filing Suspicious Activity Reports (SARs) can trigger investigations without your knowledge—if your bank, credit card company, or other financial institution detects patterns they consider suspicious (large cash transactions, unusual transfers, structuring, international movements), they’re legally required to file SARs with FinCEN (Financial Crimes Enforcement Network), and while they can’t notify you they’ve filed a SAR, you might notice increased scrutiny or questioning about your transactions that signals an underlying report has been made.⁶

Your Constitutional Rights When You Discover You’re Under Investigation

The moment you recognize signs of federal investigation, your constitutional protections become your most powerful defensive tools, but only if you understand them and exercise them properly—many people destroy their cases by talking to agents, providing documents voluntarily, or trying to “cooperate” without counsel, not realizing that federal investigators are building a prosecution case, not conducting a neutral fact-finding mission. Your Fifth Amendment privilege against self-incrimination gives you an absolute right to remain silent when questioned by federal agents—you don’t have to answer questions, you don’t have to explain yourself, and you cannot be penalized for invoking this right—and this isn’t just a right, it’s often the smartest strategic move because anything you say can be used against you, and lies or misstatements to federal agents constitute separate federal crimes (18 U.S.C. § 1001) carrying five years imprisonment regardless of whether the underlying conduct being investigated is actually criminal.⁷ The Sixth Amendment guarantees your right to counsel, and while this right doesn’t technically attach until formal charges, you should retain a federal criminal defense attorney the moment you suspect investigation. The Fourth Amendment protects you against unreasonable searches and seizures—federal agents generally need a warrant based on probable cause to search your property or seize your documents—which is why you should never consent to a search, never voluntarily provide documents or device access without consulting counsel, because once you consent, you’ve waived your Fourth Amendment protections and agents can seize whatever they find.⁸

What To Do When You Know You’re Under Investigation

If you’ve identified signs you’re under federal investigation, your immediate action should be retaining experienced federal criminal defense counsel who can assess your situation, protect your rights, and mount a proactive defense during the pre-indictment phase when the most opportunities exist to avoid charges entirely—waiting until you’re charged means you’ve lost the chance to influence the prosecution’s charging decision, present exculpatory evidence, negotiate cooperation agreements, or convince prosecutors their case has fatal weaknesses. Todd Spodek leads our federal defense practice as a second-generation criminal defense attorney who learned the craft from his father and has spent his entire career defending clients against federal prosecution—our firm brings more than 40 years of combined experience handling federal investigations and prosecutions, including representing clients in high-profile cases that attracted national media attention, and we’ve successfully convinced prosecutors to decline charges in numerous investigations by conducting our own investigation, identifying exculpatory evidence, and demonstrating weaknesses in the government’s case before the grand jury votes. The critical mistakes people make when they discover they’re under investigation include: talking to federal agents without counsel present, which creates statements that will be used against you; lying to federal agents, which creates separate federal charges; destroying documents or communications, which constitutes obstruction of justice; discussing the investigation with others, which creates additional witnesses; continuing the conduct under investigation, which extends statutes of limitations; or hiring inexperienced counsel unfamiliar with federal practice, which wastes the precious pre-indictment period. If you’ve recognized any signs you’re under federal investigation, contact us immediately at 212-300-5196 for a confidential consultation—the earlier we get involved, the more options we have to protect you, and every day you wait is a day prosecutors are building their case without opposition. Call 212-300-5196 now.

Sources

¹ Federal Bureau of Investigation, “A Brief Description of the Federal Criminal Justice Process,” https://www.fbi.gov/how-we-can-help-you/victim-services/a-brief-description-of-the-federal-criminal-justice-process

² Department of Justice, U.S. Attorneys’ Manual § 9-11.151 (discussing target letters)

³ National Security Law Firm, “Signs You’re Under Federal Investigation,” http://www.nationalsecuritylawfirm.com/signs-youre-under-federal-investigation-what-you-need-to-know/

⁴ Federal Rules of Criminal Procedure, Rule 41 (search warrants)

⁵ Cecutti Law, “8 Signs of Being Under Federal Investigation,” https://cecuttilaw.com/white-collar-criminal-defense/8-signs-of-being-under-federal-investigation/

⁶ Bank Secrecy Act, 31 U.S.C. § 5318(g) (Suspicious Activity Reports)

⁷ 18 U.S.C. § 1001 (false statements statute)

⁸ U.S. Constitution, Fourth Amendment