A Practical Guide
Being contacted by the FBI can be alarming. Many people assume that if federal agents reach out, it means they are already in serious legal trouble. In reality, people contacted by the FBI fall into several different categories: witnesses, subjects of an investigation, or targets of a potential prosecution.
Understanding the situation and responding appropriately can make a significant difference.
FBI Agents May Contact People in Different Ways
Federal agents may attempt to contact someone in several ways, including:
- Appearing at a home or workplace
- Calling on the telephone
- Sending a message requesting a meeting
- Asking a person to come to their office to answer questions
Sometimes the contact appears informal. Agents may say they “just want to ask a few questions.” While this may seem routine, the interaction can have serious legal consequences.
You Are Not Required to Answer Questions
Many people are surprised to learn that they are generally not required to answer questions from federal agents.
If agents approach you, you have the right to decline to speak with them. You may tell them politely that you would prefer to consult with an attorney before answering any questions.
This is often the safest course of action. Even individuals who believe they have done nothing wrong can unknowingly provide statements that later become important in an investigation.
False Statements Can Be a Federal Crime
One of the risks of speaking with federal investigators is the federal false statements statute, 18 U.S.C. § 1001.
Under this law, it can be a federal crime to knowingly make a false statement to federal agents. Importantly, a person does not need to be under oath for the statute to apply.
Many federal cases have arisen not from the underlying investigation, but from statements made during interviews with investigators. For this reason, experienced counsel will often advise individuals to carefully evaluate whether speaking with investigators is appropriate.
Understand the Possible Roles in an Investigation
When agents contact someone, that person may fall into one of several categories:
Witness
Someone who has information about an investigation but is not suspected of wrongdoing.
Subject
A person whose conduct is within the scope of the investigation.
Target
A person whom prosecutors believe has likely committed a crime.
Agents do not always clearly explain which category applies. Speaking with an attorney can help clarify the situation.
Do Not Attempt to Handle the Situation Alone
People often believe they can resolve the situation by explaining things to investigators. While cooperation may sometimes be appropriate, it should be done carefully and strategically.
An attorney can:
- Communicate with investigators on your behalf
- Determine the nature of the investigation
- Evaluate whether an interview is advisable
- Prepare you if an interview is appropriate
In many situations, counsel can speak with agents first to understand what information they are seeking before any interview takes place.
Do Not Destroy Documents or Evidence
If you learn of a federal investigation, it is extremely important not to destroy or alter documents, emails, or other records.
Doing so can lead to obstruction charges, which are often treated very seriously in federal court.
Preserving documents and seeking legal advice promptly is the safest approach.
Early Advice Can Be Critical
Federal investigations often develop over months or years before charges are filed. Early legal advice can sometimes help individuals understand their position and avoid unnecessary exposure.
In some situations, early involvement of counsel can also allow for proactive communication with investigators before matters escalate.
When to Contact an Attorney
If you have been contacted by the FBI or another federal agency, it is generally wise to seek legal advice before responding.
An attorney experienced in federal investigations can help evaluate the situation and advise you on the appropriate course of action.
Donnelly | Phillips, LLC represents individuals and businesses in federal investigations and criminal matters in Connecticut.
If you have been contacted by federal agents or have concerns about a federal investigation, you may contact our office for a confidential consultation.