What to Do When the FBI Comes Knocking on Your Door
The Federal Bureau of Investigation (FBI) is a division of the United States Department of Justice that is primarily responsible for investigating a broad range of federal crimes. While the FBI investigates domestic and international terrorism, foreign counterintelligence, cybercrime, public corruption, civil rights, organized crime/drugs, white-collar crime, and violent crimes, the chief among these issues the FBI focuses on, especially in recent years, is healthcare fraud.
The FBI often receives a referral from the Health and Human
Services-Office of Inspector General (HHS-OIG), which investigates fraud
against government-funded programs, such as Medicare and Medicaid. However,
more recently, the FBI has been working through the Healthcare Fraud Prevention
Partnership, in which the FBI works with private payors to identify fraud.
If you learn that you are under investigation by the FBI,
every move you make is important. The FBI investigates crime, not regulatory
infractions. And while other agencies may work in conjunction with the FBI,
when the FBI is involved in an investigation, it means the possibility of criminal
charges is very real. FBI investigations can carry significant fines,
probation, and even time in federal prison.
Learning of an FBI Investigation
When the FBI decides to open an investigation, it will often
perform much of the investigation behind the scenes. Thus, by the time you hear
about the investigation, chances are that it has already been underway for
quite some time. FBI investigators keep investigations secret, so the targets
of their investigation do not find out about the investigation and hide or
destroy evidence.
There are a few ways that the target of an FBI investigation
will learn that they are being looked into. In some cases, the FBI may send you
a target letter, informing you of the investigation. However, this is somewhat
rare. More often, FBI agents will contact you directly, either casually, or
with a search warrant. You may also receive a grand jury subpoena. You may even
hear about FBI involvement through friends, customers, business partners, or
employees who the FBI has contacted.
However you are notified of the FBI’s involvement, it is
imperative that you are prepared. When talking with the FBI, it is always best
to assume that you are the target of the investigation. FBI agents do not need
to be completely truthful with you. For example, even if you are the target of
the investigation, they can approach you casually, asking if you have time for
a few quick questions. They do this to catch you off-guard, in hopes that you
will inadvertently provide them with incriminating information.
You do not need to agree to speak with FBI agents. As law
enforcement officers, FBI agents are bound by the United States Constitution,
and cannot compel someone to speak with them. Of course, FBI agents routinely
tell those whom they want information from that it will look bad if they
decline an interview request or insist on having a lawyer present. However,
again, this is a tactic designed to get you to make an incriminating or
inaccurate statement that will later be used against you. Remember, the FBI very
likely knows more than they lead on. Agents may have already pulled your bank
accounts and financial records, spoken to witnesses, and almost certainly
formed their opinion of your involvement.
When the FBI contacts you, the best alternative is to ask
for a lawyer. As Dr. Nick Oberheiden, a federal defense lawyer who frequently
represents clients in FBI investigations explained:
You have the right to have an attorney present anytime you
are speaking with law enforcement officers, including FBI agents. However, do
not rely on FBI agents to tell you this. In fact, agents will often downplay
their suspicions about the target of their investigation to put the target at
ease, hoping they will give them a statement. The better alternative is to
demand a lawyer. This will give you and your attorney the opportunity to review
the subject of the investigation, as well as any relevant documents, allowing
you to make an accurate statement that will be less likely to harm you in the
future.
Of course, it is normal to feel like asking for a lawyer
makes you seem “guilty.” However, under the law, this is not the case. While
asking for a lawyer may cause the FBI to think you are involved in wrongdoing,
in reality, they probably have already made up their mind, and asking for an
attorney will serve to protect your rights. Further, a skilled federal defense
attorney can undo any perception of wrongdoing caused by asking for a lawyer;
whereas, it is exceptionally difficult to reverse the harm caused by providing
the FBI with a harmful or inaccurate statement.
Taking Steps to Protect Yourself During an FBI Investigation
If you find yourself at the center of an FBI investigation,
you should second-guess your every action. A simple misstatement based on a
lack of understanding could have drastic implications down the road. Thus, as
soon as you learn that you are under investigation by the FBI, remember the
following steps:
Do Not Discuss Your Case with Anyone
Nothing can be gained by talking about your case with
others, even those whom you trust. You do not know who is working with the FBI,
and who they can compel to testify against you. The FBI may have information
about a trusted friend or business colleague that it can use to essentially
force them to take the stand against you. If you make a harmful or
contradictory statement to another person, and the FBI finds out, this can cast
doubt on anything else you say throughout the investigation.
Along these lines, refrain from posting or commenting about
the case on social media. Regardless of your privacy settings, the FBI may be
able to obtain your social media history— even things that you deleted. If the
FBI decides to bring charges, it will use any evidence it can to make you look
guilty. This includes posting pictures of luxury items, lavish vacations, or
large amounts of cash.
Do Not Alter, Destroy, or Hide Evidence
You need to be smart about how you conduct yourself when you
are under investigation by the FBI. By the time you learn of an FBI
investigation, chances are that it is past its initial stages, and the FBI
probably knows quite a bit about what evidence should exist.
Destroying evidence is not only illegal, but it is unlikely
to help you. For example, the FBI may be able to reconstruct the deleted or
destroyed information or obtain it from another source. If the FBI finds out
you destroyed evidence, not only will this make you look guilty, but it can
also give rise to new criminal charges.
The same goes for talking with witnesses. Do not reach out
to people who have information the FBI wants to dissuade them from talking to
agents. You cannot know how another person will respond to the pressure of an
FBI investigation, even if you trust them. If the FBI finds out you were trying
to interfere with an investigation, you may be looking at witness tampering
charges.
Contact a Lawyer as Soon as Possible
Few things are as serious as an FBI investigation. While
your reputation and livelihood are at stake, so too is your freedom. Thus, once
you learn about a pending FBI investigation, do not delay in reaching out to an
experienced FBI investigation defense attorney for assistance. The FBI has vast
resources and a highly skilled team of investigators and attorneys who have
very likely already concluded that you were involved. Rather than trying to
undo these perceptions on your own, enlist the help of an attorney who knows
the process. There is too much on the line to risk making a single mistake.
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