When you are treated as a suspect
Fraud suspicions can arise from an employer's audit, a bank's fraud department, a customer complaint, a business partner's accusation, or a police report filed by someone you know. In New York, local police or a district attorney's office may investigate, and some cases are referred to federal agencies. Being called a suspect does not mean charges will follow, but it does mean what you say and do next can become evidence. Friendly phone calls and informal interviews are common ways investigators gather statements before a person speaks with a lawyer.
What to do, and what not to do
You can politely decline an interview and ask that the detective or investigator contact your lawyer. Do not delete emails, texts, or files, and do not ask others to do so, because destruction of evidence can lead to separate charges. Avoid contacting the person who accused you, even to explain or apologize, and do not try to resolve the matter by offering repayment on your own. Keep records of your own communications and transactions, but ask your lawyer before taking any employer documents or data.
How counsel can help early
When there has been no arrest, early representation can sometimes shape how an investigation proceeds. We may contact the investigator to learn the nature of the allegation, determine whether an appearance or interview is necessary, and in some cases arrange a voluntary surrender to avoid an arrest at home or work. For employer investigations, we look at your rights and obligations in an internal interview and how any statement could reach law enforcement. We also consider immigration, licensing, and employment consequences from the outset. If charges are filed, arraignment is the first court appearance, and having counsel already in place makes that day far more manageable.
