What Is Being Under Federal Investigation

What Is Being Under Federal Investigation

You suspect or learned that you’re under federal investigation and you’re terrified about what this means and what happens next. Being under federal investigation means federal law enforcement agencies – FBI, DEA, ATF, IRS, Secret Service, or others – are gathering evidence to determine whether you committed federal crimes and whether to recommend charges. Investigations range from preliminary inquiries based on tips to full-scale grand jury investigations involving wiretaps, search warrants, cooperating witnesses, and forensic analysis. Most people under investigation don’t know they’re being investigated until agents contact them, execute search warrants, or prosecutors indict them. Federal investigations can last months or years, and many investigations end without charges being filed. But being investigated is serious – federal prosecutors have conviction rate exceeding 90%, so if they indict you, they’re confident they’ll convict.

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 targets of white-collar investigations, drug conspiracy investigations, public corruption investigations. Learning you’re under investigation early – before charges are filed – provides opportunities to present exculpatory evidence, negotiate with prosecutors, or cooperate to avoid charges. Understanding what federal investigations involve, what your status is, and what your options are determines whether you can avoid charges or minimize your exposure.

Stages of Federal Investigations

Preliminary investigation – agents receive tips, complaints, or intelligence suggesting possible federal crimes. They conduct initial fact-gathering: reviewing public records, interviewing preliminary witnesses, analyzing financial transactions. No formal investigation has been opened yet. Subject matter investigation – agents identify specific criminal conduct to investigate but haven’t identified suspects. They’re gathering evidence to determine who committed crimes. Target investigation – agents have identified you as person they believe committed federal crimes. They’re building case to support charges against you specifically. Grand jury investigation – prosecutors present case to federal grand jury, which issues subpoenas, hears testimony, and eventually decides whether to indict.

Pre-indictment investigation – prosecutors have decided to seek charges and are presenting evidence to grand jury. This stage typically ends with indictment. Post-indictment investigation – after you’re charged, prosecutors continue investigating to strengthen their case, identify additional charges, or build cases against co-conspirators. Most defendants don’t know they’re under investigation until search warrants are executed or they receive target letters notifying them that indictment is imminent. Some investigations never progress to charges – prosecutors close them due to insufficient evidence, higher priorities, or determinations that prosecution isn’t warranted.

Your Status in Federal Investigations

Target – person prosecutors believe committed crimes and intend to charge. If you’re target, prosecutors are building case against you. You have highest jeopardy and should strongly consider asserting Fifth Amendment rather than cooperating. Subject – person whose conduct is within scope of investigation but who isn’t current target. You might become target if investigation develops additional evidence. Subjects have significant jeopardy and should be cautious about cooperating without immunity or explicit agreements limiting exposure. Witness – person who has information relevant to investigation but isn’t suspected of criminal conduct. Witnesses can be compelled to testify and generally must cooperate unless Fifth Amendment applies.

Prosecutors sometimes mischaracterize status – telling targets they’re witnesses to elicit cooperation, or telling subjects they’re targets to pressure them into cooperating. Your attorney can clarify your status by communicating with prosecutors. Understanding your true status determines whether cooperation is safe or whether asserting rights is necessary. Targets who cooperate without immunity or cooperation agreements often provide evidence used to convict them. Subjects who cooperate sometimes become targets when their statements reveal criminal conduct. Witnesses who lie or provide inconsistent statements face false statement charges.

Common Federal Investigation Techniques

Grand jury subpoenas compel testimony and production of documents. Prosecutors use grand juries to gather evidence while investigations are ongoing. Search warrants authorize seizure of computers, phones, documents, and evidence from homes, businesses, and vehicles. Electronic surveillance including wiretaps on phones, pen registers recording phone numbers, and monitoring of email and online communications. Undercover operations with agents posing as criminals, buyers, or associates to gather evidence. Confidential informants and cooperating witnesses who make controlled buys, wear wires, or provide testimony about your conduct.

Financial analysis by forensic accountants who trace money flows, identify unreported income, or document fraud schemes. Forensic computer analysis recovering deleted files, analyzing internet history, and extracting evidence from seized devices. Surveillance including physical surveillance of suspects, GPS tracking (with warrants), and monitoring of social media and public activities. These techniques are often used in combination – agents use informants to establish probable cause for wiretaps, use wiretaps to establish probable cause for search warrants, and use seized computers to identify additional witnesses and evidence.

How Long Federal Investigations Last

Simple investigations involving clear evidence and few witnesses might conclude in months. Complex white-collar cases, large drug conspiracies, or public corruption cases can last years. Statute of limitations creates deadlines for filing charges – typically five years for most federal felonies, longer for certain serious offenses, no limitations for capital offenses or certain terrorism crimes. Prosecutors must indict before limitations expire or charges are barred. This creates pressure to conclude investigations before deadlines approach, but also gives prosecutors years to build cases.

Grand jury terms last 18 months and can be extended to 24 months. Cases presented to grand juries typically conclude within those timeframes with indictments or closures. Some investigations are closed without charges due to insufficient evidence, witness problems, higher priorities, or prosecutorial decisions that charges aren’t warranted despite sufficient evidence. DOJ policies encourage prompt resolution of investigations to avoid prejudice to targets who live under cloud of investigation for years. But no absolute deadline forces prosecutors to charge or close cases – some investigations remain open indefinitely while additional evidence is gathered.

What to Do If You’re Under Investigation

Hire experienced federal criminal defense attorney immediately. Attorney can contact prosecutors to determine your status, learn what conduct is being investigated, and assess strength of government’s case. Do not talk to federal agents or prosecutors without your attorney present – anything you say will be used against you, and false statements create new charges. Do not destroy any potential evidence – obstruction of justice charges carry serious penalties and are often easier to prove than underlying conduct being investigated. Destroying documents, deleting computer files, or concealing evidence transforms defenses into admissions of guilt.

Preserve all potentially relevant documents and electronic data. Your attorney may need these to prepare defense or to evaluate whether cooperation is beneficial. Do not discuss investigation with anyone except your attorney – other people can be subpoenaed and compelled to testify about what you told them. Don’t post on social media about investigation – prosecutors monitor suspects’ online activity. Follow your attorney’s advice about whether to assert Fifth Amendment rights or whether to cooperate. These decisions are case-specific and require evaluation of evidence, your exposure, and prosecutors’ likely charging decisions.

Pre-Indictment Strategies

Presenting exculpatory evidence to prosecutors can sometimes prevent charges – if you have evidence proving innocence or explaining away suspicious conduct, your attorney can present this to prosecutors before they indict. Cooperation agreements can reduce or eliminate charges if you provide substantial assistance to government in prosecuting others. These agreements must be negotiated carefully through experienced counsel to protect you from self-incrimination while providing information prosecutors want. White-collar defendants sometimes make presentations showing that conduct wasn’t criminal, that good faith defenses exist, or that prosecution isn’t warranted based on facts.

Proffer sessions allow you to meet with prosecutors to discuss what information you can provide, what charges you face, and whether cooperation is beneficial. Proffers are risky – statements made can sometimes be used against you depending on proffer agreement terms. Never participate in proffers without experienced counsel negotiating protective terms. Some investigations are closed after defense presentations convince prosecutors that evidence is insufficient, witnesses are unreliable, or defenses are likely to succeed. But these successes require sophisticated legal strategies – targets who talk to agents without counsel rarely convince prosecutors to close investigations.

Todd Spodek has represented clients under federal investigation throughout his career. Early intervention before charges are filed provides best opportunities to avoid indictment or negotiate favorable outcomes. When you learn you’re under federal investigation, call 212-300-5196 immediately.