Recognizing what kind of inquiry it is
Government investigations take different forms, and the first step is understanding which one you are facing. A civil investigative demand or an agency information request suggests a civil or regulatory inquiry, while a grand jury subpoena or a target letter points toward a criminal case, and some matters run on both tracks at once. Your status matters as well, because a witness, a subject, and a target are treated differently, and that status can change as an investigation develops. Agencies such as the SEC or a state attorney general may share information with prosecutors. In most situations you can politely decline to answer questions on the spot and ask for contact details so your lawyer can follow up.
Preserving and producing
Once you know of an investigation, do not delete, alter, or move anything that might be relevant, including texts and messages on personal devices. Companies should issue a written hold and suspend automatic deletion. Collect the subpoena or request, any prior correspondence with the agency, and a list of people likely to be contacted, but do not coordinate accounts with them. Knowingly making a false statement to federal investigators is a crime in itself, separate from whatever is being investigated, so any interview should be prepared with counsel rather than handled on the spot.
Shaping the response
The request itself, and the agency that sent it, often reveal a good deal about the investigation's focus. Counsel can usually contact the government to clarify your status, narrow or stage a document request, and negotiate timing. For companies, we discuss whether an internal investigation is needed, how employees should be told whom company counsel represents, and whether a disclosure to the government should be considered. For individuals, we discuss whether you need counsel separate from your employer's, since your interests may differ. Each step is planned with the possibility in mind that the matter could become criminal.
