Signs You Could Be Under Federal Criminal Investigation
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The reality is that federal criminal investigations are complex undertakings, and those who find themselves targeted might not always be aware of what is going on. In some cases, individuals might not even realize they are under investigation until law enforcement officials appear at their doorstep or workplace.
The irony, however, is that it is easier to build a strong defense when you are aware of the potential investigation early on. While not all investigations result in criminal charges, being aware of the signs of a pending or ongoing criminal investigation can benefit you in the long run.
If you think you may be under federal criminal investigation, read this article to understand more about the process, signs to watch for, and when to seek legal counsel.
What is a federal investigation?
A federal investigation is the initial step in the federal criminal justice process. The goal of the investigation is to determine if a federal offense has been committed, identify the responsible parties, and gather evidence related to the crime.
A federal investigation is typically triggered when:
- A credible crime report is filed
- Information is received from cooperating defendants
- Data is received from federal intelligence agencies
- Irregularities are spotted in financial documents
The investigating agency may use techniques like surveillance and wiretapping, search warrants, interviews and interrogation, or forensic analysis to gather more information.
Once a federal investigation has been conducted, the findings are presented to prosecutors, which is typically the U.S. Attorney’s Office or the Department of Justice. Prosecutors in these agencies review the evidence and determine whether it meets applicable standards for criminal charges.
In felony cases, the prosecutors may bring formal charges by complaint signed off by a federal judge, or present evidence to a federal grand jury, which will decide if there’s probable cause for indictment.
What kinds of crimes do federal investigations deal with?
Federal agencies investigate a wide range of criminal offenses that violate U.S. federal law. These crimes are often complex and carry more severe penalties and consequences than state crimes.
Some common federal-level crimes include, but aren’t limited to:
- White collar crimes
- Wire fraud
- Drug offenses
- Violent crimes
- Cyber crimes
- Conspiracy crimes
- Public corruption
- Terrorism and national security
Common signs of being under federal investigation
To safeguard sensitive information and protect fledgling cases, federal investigations are frequently conducted covertly. However, they require a large amount of work and there are often signs that an investigation is underway.
Some of the more subtle signs include:
- Suspicious activity from banking and other financial institutions, such as unexpected account freezes, seizures, or transactions.
- Surveillance. You may notice cars outside your home or work, someone recording your phone conversations, or disruptions in online accounts.
- Mail delays. If it looks like your mail has been opened or delivered much later than expected, it could have been tampered with by federal law enforcement.
- Odd behavior from friends, family, or colleagues. Sometimes, as part of a federal investigation, your contacts will be told to limit contact. They may refuse to pick up your calls, answer your emails, or attend previously made plans.
There are also clearer signs that you may be the target of a federal criminal investigation, such as:
- Federal agents arriving at your home or office. They are required to have a search warrant. Do not fight their investigation—stay relaxed and allow them to do their job. These visits may be expected or unannounced.
- Grand jury subpoenas. These are legal documents that request you or people you know to testify in court. Additionally, you may receive a subpoena for other types of documentation, including emails and records.
- Receiving a target letter. Federal prosecutors will mail this letter to inform you that you are the target of a grand jury investigation. The letter should highlight crimes or federal charges you are suspected of and detail your rights.
Who conducts federal investigations?
Numerous agencies have the power to conduct federal investigations. The Federal Bureau of Investigation (FBI) is the one that people are most familiar with. Their job is to assess if federal laws have been broken and to seek criminal charges if so. The FBI often works alongside other federal investigative agencies to gather information and present evidence to the U.S. Attorney’s Office.
However, the FBI is not the only agency that is empowered to investigate criminal activity. Others include:
- ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives)
- Department of Veterans Affairs (Criminal Investigations Division, Office of the Inspector General)
- Drug Enforcement Administration
- Environmental Protection Agency (Office of Inspector General)
- Fish and Wildlife Service (Office of Law Enforcement)
- Health and Human Services (Office of Inspector General)
- Homeland Security Investigations
- Internal Revenue Service (Criminal Investigation Division)
- U.S. Marshals Service
- U.S. Postal Inspection Service
- U.S. Secret Service
What to do if you suspect you are under federal investigation
While it can be daunting if you suspect you are under federal investigation, it is important to stay calm and focus on protecting your interests. Remember, you are innocent until you are proven guilty. If you suspect (or know) that you are under federal investigation, take the following steps:
- Contact a federal criminal defense lawyer and seek legal counsel. They can walk you through the process and ensure that your rights are protected.
- Do not speak with anyone about the case except your lawyer. Make sure your lawyer is present when speaking with any FBI agents, and exercise your right to remain silent so that no statements may be used against you in court.
- Do not hide or destroy any evidence. This could be considered obstruction of justice, which is its own crime which often results in imprisonment.
- Take thorough notes of the investigation. Document any time a federal agency speaks with you, including the time, date, and details of the conversation.
- Be cautious in online interactions. Avoid paper trails and maintain strict privacy protocols because you can expect that all of your online activities will be monitored during the investigation.
- Comply with the investigation, but always under the guidance of your attorney. Always ask your attorney for advice or their presence before speaking with federal agents.
Consult with an experienced criminal defense attorney
As soon as you suspect you are part of a federal criminal investigation, it is a good idea to seek legal representation through a criminal defense lawyer. At the law offices of Dughi, Hewit & Domalewski, our criminal defense department has defended dozens of high-profile cases at the county, state, and federal levels.
We understand how these criminal cases threaten your professional and personal well-being. Our New Jersey federal criminal defense attorneys aggressively protect you to reduce the impact the matter will have on your life and future.
Contact us today to talk to a legal professional and discuss the next steps that need to be taken for your situation.