Who may be involved
Government enforcement in the United States is spread across many offices. Federal agencies pursue civil enforcement in their own areas, the Department of Justice brings criminal cases and many civil ones, and state attorneys general and state regulators have powers of their own that can overlap with federal authority. In New York, the Attorney General's office is particularly active in consumer, securities, and labor matters. The same facts can support a civil case, a criminal case, and a licensing action at once, and agencies frequently share what they learn. Knowing who is asking, and why, shapes every response that follows.
Handling the first contact
Employees approached by investigators can decide whether to talk and may have a lawyer present; the company can tell them so, without discouraging cooperation or suggesting what to say. Anyone who does speak must be truthful, because knowingly false statements to federal agents are a separate crime. Preserve documents immediately by suspending routine deletion across email, messaging apps, and shared drives, and make sure nothing relevant is moved or destroyed. Discussing the substance of the matter with likely witnesses can create problems of its own, so leave that to counsel. Route all requests through a single point of contact so that responses stay consistent.
Setting a strategy early
Early decisions often shape a matter more than later ones: whether to conduct an internal investigation, whether to self-report, how to respond to the scope of a subpoena, and whether individuals need separate counsel. Cooperation credit exists in many federal and state programs, but it comes with conditions and should be weighed with care rather than assumed. In a first consultation we identify the agencies involved, the likely focus of their interest, and the deadlines in any subpoena or request. We then plan document preservation, internal communications, and the first conversation with the government.
