My Employee Told Me the FBI Interviewed Them About Me
Your employee just called you. Or maybe they walked into your office and closed the door. The FBI showed up at their house last night. Agents asked questions about you. About your business. About transactions from months ago. About decisions you made that seemed routine at the time. Your employee thought you should know. And now your stomach is somewhere around your knees.
The investigation has been running for months. You're just finding out now.
The FBI interviews witnesses before they interview targets. That means the people around you - your employees, your business partners, your accountants, maybe even your friends - knew about this investigation before you did. By the time you're learning about it from your employee, the government has already gathered documents, already reviewed financial records, already interviewed other people. You are late to your own investigation.
Welcome to Spodek Law Group. We defend individuals facing federal investigations - from the moment they learn something is happening to trial if it comes to that. If you just found out the FBI interviewed someone about you, this article explains what that actually means, the traps you need to avoid in the next 24 hours, and what you should do right now.
What It Actually Means When FBI Interviews Your Employees
The FBI doesn't interview employees randomly. Agents don't knock on doors on a hunch or because someone filed a complaint yesterday. By the time federal investigators are talking to the people in your orbit, the investigation has been building for months. They've already obtained records. Already analyzed documents. Already made a list of who knows what.
Here's how the timeline actualy works in most federal investigations. Months one through three, the FBI is quietly gathering evidence - pulling financial records, reviewing documents, building timelines. Month four, a prosecutor reviews everything and decides whether the case has legs. Then come the witness interviews. One by one, the people around the target get visits. Your employee getting interviewed isn't the beginning of something. It's the middle.
And heres the uncomfortable truth that most people don't want to hear: Your employees are not protected by any privilege. They are not your attorney. They are not your spouse. When FBI agents show up at there door, your employees become government witnesses. Whatever they said during that interview is now part of a federal case file. There is no confidentiality protection. There is no loyalty exception. The moment that agent showed there badge, your employee's words became evidence.
The FBI agent may have told your employee you were "just a witness" in the investigation. But heres a paradox that destroys people: Agents have no legal requirement to tell you - or your employee - the truth about your status. You could be a target right now while they're calling you a witness. You could have started as a witness and become a target based on what your employee just told them. The categories are fluid. The government's representations are not binding.
Federal prosecutors have three classifications for people in investigations. A "witness" is someone who has information but isn't suspected of wrongdoing. A "subject" is someone whose conduct is within the scope of the investigation - they might have done something, prosecutors are looking into it. A "target" means the prosecutor has substantial evidence linking the person to a crime and considers them a putative defendant. Eighty to ninety percent of target letter recipients end up indicted. The federal conviction rate is 93%. By the time prosecutors charge, they're certain they'll win.
Martha Stewart wasn't convicted of insider trading. She was investigated for it - and then convicted of lying to federal agents about it. The cover-up became worse then the crime. She served five months in federal prison not for the stock sale, but for what she said when investigators asked about it. Michael Flynn, former national security advisor, pled guilty to making false statements to the FBI under 18 U.S.C. § 1001. Same story. Different person. Same result.
The Trap Your About to Walk Into
Your instinct right now is completely natural. You want to know what happened. What questions did the FBI ask? What did your employee say? How much do they know? Every part of you wants to sit your employee down and get answers.
That instinct could land you in federal prison for witness tampering.
Witness tampering under 18 U.S.C. § 1512 is a serious federal offense. Intimidation or corrupt persuasion of a witness carries up to 20 years imprisonment. Document tampering carries up to 20 years. Even harassment that hinders testimony - no threats, no force, just making it harder for someone to cooperate - carries up to 3 years. You don't have to succeed. Attempting to influence a witness is enough.
The FBI knows you'll want to talk to your employee about the interview. There counting on it. Here's the trap: You asking your employee what they told investigators - what questions were asked, what answers were given - can be characterized as attempting to influence their testimony. Attempting to coordinate stories. Attempting to find out what the government knows so you can craft your own responses. Even if your intentions are completley innocent, the optics are devastating.
And heres the part that makes this particuarly dangerous. Federal agents can legally lie to you. They can tell your employee they have evidence they don't have. They can claim other witnesses said things they never said. They can misrepresent your status in the investigation. Lying to suspects is legal. It's part of their training. But if you lie to them - even unintentionally, even about something that seems insignificant - you commit a federal crime under 18 U.S.C. § 1001. Five years. You don't have to be under oath. Miranda rights don't have to be read. A casual conversation on your front porch counts.
Many federal defendants get charged not for the conduct that triggered the investigation, but for how they reacted when they found out about it. Obstruction. False statements. Witness tampering. The cover-up becomes worse then whatever they were originally investigating. Its a pattern that repeats over and over.
This is terrifying. The urge to find out what's happening is overwhelming. But satisfying that urge is exactly what destroys people in federal cases. The FBI knows human nature. They know you'll want to talk. They know you'll want to explain. They know you'll want to coordinate with the people around you. And they're waiting for you to do exactly that.
What You Should Do Right Now
The first rule is absolute. Do not talk to your employee about their FBI interview. Not a single question about what was asked. Not a single question about what they said. Not a casual "so what did they want to know?" Nothing.
What NOT to do in the next 24 hours:
- Don't ask your employee what they told the FBI. Any question about the interview content is dangerous.
- Don't discuss the investigation with anyone who might be involved. Coworkers, partners, accountants - anyone who might be a witness.
- Don't destroy any documents. Document destruction is a separate federal offense and almost always makes things worse.
- Don't contact other employees to see if they were interviewed too. That looks like witness coordination.
- Don't call the FBI to "explain your side" or "clear things up." Everything you say becomes evidence.
What you need is a federal defense attorney who understands these investigations. Todd Spodek has defended clients facing federal investigations from the earliest stages through trial. The difference between pre-indictment and post-indictment representation is enormous. Before charges are filed, there are options. After indictment, most of those options disappear.
The timeline between target letter and grand jury presentation is usually 30 to 45 days. Sometimes less. By the time the FBI is interviewing your employees, that critical window may have already started. This is the only chance to negotiate, to present your side through counsel, to potentially avoid charges or minimize them. Once the grand jury votes to indict, you're defending a case. Before that vote, you might be able to shape outcomes.
What a federal defense attorney can do right now:
- Assess where the investigation actually stands - not based on what agents told your employee, but based on the evidence and timing
- Communicate with prosecutors on your behalf without you saying anything that becomes evidence
- Potentially negotiate resolution before indictment while leverage still exists
- Protect you from making mistakes that create additional charges
The earlier you have counsel involved, the more options exist. Every day that passes, the window gets smaller. Every conversation you have without counsel present becomes potential evidence. Every instinct you follow without legal guidance becomes potential exposure.
When Your Ready
If your employee just told you the FBI interviewed them about you - or if you've noticed other signs that something is happening - Spodek Law Group can help you understand where things actually stand.
The consultation is free. Theres no obligation.
What you'll get is an honest assessment. Where is this investigation? Are you a witness, subject, or target? What are realistic options at this stage? What can be done before charges are filed, if anything? We won't promise outcomes we can't deliver or tell you what you want to hear. We'll tell you what you need to know.
Call us at 212-300-5196. The window for pre-indictment intervention is smaller than most people realize. Once charges are filed, you're playing defense. Before that, there are still moves to make.
Don't let your natural instincts turn a bad situation into a catastrophic one.
Were here when you need us.
