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Criminal Defense

DOJ Criminal Investigation

It might be a knock from two FBI agents, a grand jury subpoena addressed to your company, or a letter calling you a target. However it shows up, a federal criminal investigation has usually been underway for some time before you hear of it.

Reviewed

01 GUIDE

DOJ Criminal Investigation: what usually happens

How these investigations surface

Federal prosecutors work with investigative agencies such as the FBI, IRS Criminal Investigation, or an inspector general's office, and they use grand jury subpoenas and search warrants to collect records. Prosecutors often describe people as witnesses, subjects, or targets, and those labels can change as evidence comes in. A target letter means prosecutors view you as a likely defendant, but even a witness subpoena deserves careful handling. Agents sometimes try to interview people at home before anyone has a lawyer, and you are generally free to decline and ask them to contact counsel. Knowingly lying to a federal agent is a separate crime, which is one reason a polite refusal is safer than an improvised answer.

Records, devices, and colleagues

Once you know about an investigation, deleting messages, discarding files, or wiping a phone can create obstruction exposure that may be more serious than the underlying conduct. Automatic deletion settings on email and chat apps should be reviewed with counsel, because routine cleanup can look like destruction later. If a subpoena names a company, its lawyers will usually issue a hold notice, and employees should follow it rather than sorting documents on their own. Comparing notes with coworkers about what each of you told investigators can also be misread. Hand your lawyer the business cards, subpoenas, and letters you received, and ask whether a written account of events would help before you prepare one.

Choices that come early

Many decisions in a federal matter are made before any charge is filed. Counsel can contact the prosecutor to learn your status, respond to a subpoena, and in some matters discuss whether a meeting with the government, sometimes under a proffer agreement, makes sense. Those meetings carry real risks as well as possible benefits, and the terms of any agreement deserve close reading. If a company is involved, its lawyers represent the company rather than you individually, even when they are friendly and helpful. Early on we work out where you stand, what has been requested, and whether your interests line up with or diverge from others involved.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

Where we meet clients

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Attorney Advertising. This page is general information about DOJ criminal investigation and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.