How Do You Know If You’re Under Federal Investigation

How Do You Know If You’re Under Federal Investigation

You suspect federal agents might be investigating you but you’re not sure, and you want to know how to tell if federal investigation is targeting you. Most people don’t know they’re under investigation until agents contact them, execute search warrants, or prosecutors indict them – federal investigations are secret by design. But there are signs that suggest you might be under investigation: FBI or other federal agents contacted you or people you know asking questions about you, your business, or your associates. Federal grand jury subpoenaed you, your employees, your business records, or people connected to you. Your bank notified you that federal agents served subpoena for your financial records. People you know told you federal agents interviewed them about you. You received target letter from U.S. Attorney’s Office informing you that you’re subject of grand jury investigation.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, who has defended clients under federal investigation for many, many years. We’ve represented people who suspected investigations early and were able to intervene before charges, and people who were blindsided by indictments. Knowing you’re under investigation early provides opportunities to protect yourself, preserve evidence, and potentially avoid charges through cooperation or pre-indictment negotiations. Understanding signs of federal investigations and what to do if you suspect you’re being investigated can be the difference between avoiding charges and facing prosecution.

Signs You’re Under Federal Investigation

FBI or federal agents contact you – if agents show up at your home, call your phone, visit your workplace, or send letters requesting interview, you’re likely target or subject of investigation. Agents don’t contact people casually – their presence means active investigation. Grand jury subpoenas – if you or anyone connected to you receives grand jury subpoena for testimony or documents, grand jury is investigating conduct involving you. Even if subpoena is directed at your business, employees, accountant, or associates, you’re likely the real target. Target letters – formal letters from prosecutors informing you that you’re target of grand jury investigation. These typically offer deadlines to present information before indictment.

Financial institution notifications – banks must notify customers when government serves subpoenas for financial records (with exceptions for cases where notification would jeopardize investigation). If your bank notifies you of subpoena, federal agents are examining your finances. Colleagues and associates tell you they were interviewed – if agents are interviewing people you work with, do business with, or associate with, they’re investigating you or conduct you’re involved in. Search warrants executed at your business, home, or property of associates – federal search warrants indicate active investigation with probable cause to believe evidence of crimes exists. IRS audit becomes criminal investigation – if IRS civil audit is referred to Criminal Investigation Division, you’re under criminal investigation for tax crimes.

Who Investigates Federal Crimes

FBI investigates most federal crimes including white-collar fraud, public corruption, civil rights violations, organized crime, violent crimes on federal property, terrorism, and crimes involving interstate activity. DEA investigates drug trafficking and manufacturing. ATF investigates firearms offenses, explosives, and arson. Secret Service investigates counterfeiting, financial institution fraud, access device fraud (credit card fraud), and identity theft. IRS Criminal Investigation investigates tax crimes, money laundering related to tax violations. ICE investigates immigration crimes, human smuggling, customs violations. U.S. Postal Inspection Service investigates mail fraud, theft of mail, distribution of controlled substances through mail.

HSI (Homeland Security Investigations) investigates wide range of federal crimes including drug trafficking, weapons trafficking, financial crimes, intellectual property crimes. Each agency has jurisdiction over specific federal crimes, but investigations often involve multiple agencies working together. Task forces combining federal, state, and local law enforcement are common. If you’re contacted by agents from any federal agency, assume sophisticated investigation is ongoing with significant resources devoted to building case against you.

How to Find Out If You’re Under Investigation

You generally cannot directly find out if you’re under investigation before agents contact you or charges are filed. Federal investigations are secret – agents and prosecutors don’t confirm or deny investigations to targets. FOIA requests (Freedom of Information Act) can reveal some investigative records but are typically denied while investigations are ongoing to avoid compromising them. Calling FBI or U.S. Attorney’s Office to ask if you’re being investigated won’t get you straight answer and might alert agents that you’re concerned about being investigated. Worse, anything you say during such contacts can be used against you.

Hiring experienced federal defense attorney is the best way to determine if investigation exists. Attorneys can contact prosecutors to inquire whether investigations are pending without revealing client information or making incriminating statements. Prosecutors sometimes confirm investigations to defense attorneys (though they’re not required to) and may provide information about your status – whether you’re target, subject, or witness. Attorney-client privilege protects communications with your lawyer, so hiring counsel to investigate whether you’re under investigation doesn’t create evidence against you the way personal inquiries might.

What to Do If You Think You’re Under Investigation

Immediately hire experienced federal criminal defense attorney. Do not wait for agents to contact you or for charges to be filed – early intervention provides maximum opportunities to protect yourself. Do not talk to federal agents, prosecutors, or anyone else about potential investigation without your attorney present. Anything you say can be used against you, and false statements to federal agents are separate crimes carrying five-year maximum penalties. Do not destroy any documents or evidence – obstruction of justice creates far more serious charges than underlying conduct and often provides easiest path to conviction for prosecutors.

Preserve all potentially relevant documents, emails, and electronic data. Your attorney will need these to evaluate your exposure and build defense. Do not discuss potential investigation with friends, family, colleagues, or anyone except your attorney – other people can be subpoenaed and compelled to testify about what you told them. Do not post about investigation or related topics on social media – prosecutors monitor suspects’ online activity. Follow your attorney’s advice about whether to cooperate with investigation or assert Fifth Amendment rights. This decision requires careful analysis of evidence, your status, and prosecutors’ likely strategies.

Can You Stop Federal Investigation

You cannot directly stop federal investigation, but experienced defense attorney can sometimes convince prosecutors to close investigations or decline to prosecute. Strategies include: presenting exculpatory evidence showing you didn’t commit crimes or that conduct wasn’t criminal, demonstrating that witnesses are unreliable or that government’s case has fatal flaws, presenting legal defenses showing that even if facts are as government believes, no crime occurred, showing that prosecution would be unjust given circumstances or that your conduct was less culpable than prosecutors believe, or cooperating with investigation to provide substantial assistance against others in exchange for immunity or reduced charges.

These interventions work best before indictment when prosecutors still have flexibility to decline prosecution. After indictment, prosecutors face institutional pressures to proceed to trial or obtain convictions through pleas. DOJ policies encourage prosecution of indicted defendants absent extraordinary circumstances. Pre-indictment is when defense attorneys have most leverage to prevent charges – through presentations showing weakness of government’s case, negotiating cooperation agreements, or demonstrating that prosecution isn’t warranted. But these strategies require sophisticated understanding of federal investigations and relationships with prosecutors.

Timeline From Investigation to Charges

Investigations can last months to years depending on complexity. Simple cases with clear evidence might conclude in 6-12 months. Complex white-collar fraud, large conspiracies, or cases requiring extensive financial analysis can last 2-5 years or longer. Statute of limitations creates deadlines – typically five years for most federal felonies. Prosecutors must indict before limitations expire. This creates urgency as deadlines approach but also gives prosecutors years to build cases. Target letters typically provide 2-4 weeks to respond before prosecutors seek indictment.

If you receive target letter, indictment is usually imminent – prosecutors have completed investigation and are preparing to present to grand jury. The window for intervention is narrow. If agents have executed search warrants, charges often follow within months after forensic analysis of seized evidence is complete. If investigation involves cooperating witnesses, charges may be delayed until cooperators’ cooperation is complete and they’re ready to testify. Some investigations are closed without charges, but you typically won’t be notified – you simply won’t hear anything further. Absence of contact doesn’t guarantee investigation is closed – agents might be continuing to gather evidence.

Todd Spodek has represented clients who suspected federal investigations and intervened before charges for many years. Early detection and sophisticated legal response provide best chances to avoid charges. If you suspect you’re under federal investigation, call 212-300-5196 immediately for counsel.