FEDERAL CRIMINAL LAWYERS

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If you suspect federal agents are investigating you—or you’ve received contact from FBI agents, IRS investigators, or other federal authorities—you need to understand what being under federal investigation actually means, what constitutional protections apply, and why your next steps could determine whether you face criminal charges—or successfully avoid prosecution altogether.

What Being Under Federal Investigation Actually Means

Being under federal investigation means that one or more federal agencies—such as the Federal Bureau of Investigation (FBI), Internal Revenue Service Criminal Investigation Division (IRS-CI), Drug Enforcement Administration (DEA), Securities and Exchange Commission (SEC), or Department of Justice (DOJ)—are actively gathering evidence to determine whether you violated federal criminal statutes, and the constitutional implications are profound because federal investigations trigger your Fourth Amendment protections against unreasonable searches and seizures, your Fifth Amendment privilege against self-incrimination, and your Sixth Amendment right to counsel—though that right doesn’t technically attach until formal charges are filed.¹ The investigation itself isn’t a criminal charge, it’s the preliminary phase where prosecutors and agents collect evidence through subpoenas, witness interviews, surveillance, financial record analysis, and sometimes search warrants—all to build a case that could lead to an indictment by a federal grand jury.² Your status in the investigation matters tremendously: you might be classified as a “witness” (someone with information about others), a “subject” (someone whose conduct falls within the scope of the investigation), or a “target” (someone the prosecutor believes committed a crime and is likely to be charged)—and understanding which category you fall into shapes every strategic decision your defense attorney makes.³ Federal investigations typically begin when credible information about potential criminal activity reaches federal authorities—this can happen through confidential informants who provide insider information, whistleblowers who report fraud or misconduct, referrals from other government agencies, tips from financial institutions filing Suspicious Activity Reports, victims filing complaints, or federal agents detecting patterns through data analysis and surveillance programs—and once an investigation opens, it follows a structured progression that can last months or even years before any charges are filed.⁴ The initial phase involves preliminary inquiries where agents review available information to determine whether a full investigation is warranted—they’ll pull public records, review financial transactions, interview witnesses, and analyze communications without necessarily alerting you to their interest, because at this stage they’re assessing whether sufficient evidence exists to justify the resources of a formal investigation, and if the preliminary inquiry yields promising leads, the investigation escalates to a full investigation with subpoenas issued to banks, employers, business partners, and other entities for documents and records. The grand jury plays a central role in federal investigations—it’s a group of citizens who meet in secret to hear evidence presented by prosecutors and determine whether probable cause exists to issue an indictment, and unlike trial juries, grand juries operate under different constitutional rules: there’s no judge present, no defense attorney allowed in the room, no right to cross-examine witnesses, and proceedings are completely secret with witnesses forbidden from discussing their testimony publicly.⁵

How Federal Investigations Progress

Investigations can take months or years before charges are filed.

Signs You’re Under Federal Investigation

The signs you’re under federal investigation range from subtle to unmistakable, and recognizing them early gives you precious time to retain counsel and begin building your defense before charges are filed—time that could make the difference between indictment and declination. The most definitive sign is receiving a grand jury subpoena, either demanding documents or requiring you to appear and testify before the grand jury—if you receive either, you are unquestionably involved in a federal investigation, though whether as witness, subject, or target remains unclear until you consult with experienced federal counsel.⁶ Another clear indicator is receiving a target letter from the Department of Justice or U.S. Attorney’s Office—this formal notification informs you that you’re the target of a grand jury investigation, describes the criminal conduct being investigated, and often invites you to testify before the grand jury. Federal agents making direct contact represents another unmistakable sign—if FBI agents or other federal authorities show up at your home or office wanting to “ask a few questions,” you’re almost certainly under investigation, and what you say in that moment can seal your fate because agents are trained interrogators skilled at eliciting incriminating statements from people who think they’re just having a casual conversation. More subtle signs include: learning that federal agents have interviewed your business associates, employees, friends, or family members about your activities; discovering that your bank accounts or financial transactions are being scrutinized; or noticing surveillance like vehicles following you or unfamiliar people watching your residence or office.

Your Constitutional Rights During Federal Investigation

Your constitutional rights during a federal investigation form the bulwark protecting you from government overreach, and understanding these protections—and more importantly, exercising them properly—determines whether you maintain strategic advantage or inadvertently provide prosecutors with the evidence they need to indict you. The Fifth Amendment privilege against self-incrimination stands as your most powerful protection: you have an absolute right to remain silent when questioned by federal agents, when subpoenaed to testify before a grand jury, and at every stage of the investigation—and this isn’t just a right, it’s often the smart strategic move because even truthful statements can be taken out of context, misremembered by agents, or combined with other evidence to build a prosecution case, while lies or misstatements to federal agents constitute separate federal crimes carrying five years imprisonment even if the underlying conduct being investigated isn’t criminal.⁷ The Sixth Amendment guarantees your right to counsel, though this right doesn’t technically “attach” until adversarial judicial proceedings begin, but as a practical matter, you can and absolutely should retain a criminal defense attorney the moment you suspect you’re under 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, seize your documents, or intercept your communications, which is why you should never consent to a search and should never voluntarily provide documents or access to your devices without consulting counsel first, because once you consent, you waive your Fourth Amendment protections and agents can seize whatever they find.⁸

What To Do If You’re Under Federal Investigation

If you’re under federal investigation, your immediate priority is retaining experienced federal criminal defense counsel who can navigate the constitutional complexities, prosecutorial dynamics, and strategic opportunities that exist before charges are filed—this pre-indictment phase represents your best opportunity to avoid charges entirely through proactive defense strategies, but only if you have skilled advocacy from attorneys who understand federal procedure and maintain relationships with federal prosecutors. 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, presenting alternative narratives, and demonstrating weaknesses in the government’s case before the grand jury votes. The mistakes people make during federal investigations destroy their cases before charges are ever filed: talking to federal agents without counsel present, lying to federal agents, destroying documents or communications, discussing the investigation with friends or family, or hiring inexperienced counsel unfamiliar with federal practice. If you’re under federal investigation—or even if you just suspect you might be—contact us immediately at 212-300-5196 for a confidential consultation, because every day you wait is a day prosecutors are building their case, and the earlier we get involved, the more options we have to protect you; don’t face federal investigators alone, don’t assume cooperation will help you, and don’t wait until you’re charged to hire counsel. Call 212-300-5196 now.

Sources

¹ Burnham Gorokhov, “Federal Investigations: What Everyone Should Know,” https://www.burnhamgorokhov.com/criminal-defense-resources/federal-criminal-process/federal-investigations-what-everyone-should-know/

² 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

³ Combs Waterkotte, “Signs You’re Under Federal Investigation—and What to Do Next,” https://www.combswaterkotte.com/legal-books/fed-charges/signs-youre-under-federal-investigation-and-what-to-do-next/

⁴ Burnham Gorokhov, “Federal Investigations: What Everyone Should Know”

⁵ Federal Bureau of Investigation, “A Brief Description of the Federal Criminal Justice Process”

⁶ National Security Law Firm, “Signs You’re Under Federal Investigation: What You Need to Know,” http://www.nationalsecuritylawfirm.com/signs-youre-under-federal-investigation-what-you-need-to-know/

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

⁸ U.S. Constitution, Fourth Amendment