How individuals become involved
People are drawn into national security investigations in different ways. An academic's grant disclosures may not have mentioned a foreign appointment, or an engineer may have taken files when moving to a company abroad. Others handled shipments of controlled technology at work, or were in contact with representatives of a foreign government. Being contacted does not necessarily mean you are a target; agents often speak with witnesses first. But you usually cannot tell from the conversation what role the government sees you in, and the investigation may also involve your employer, whose interests may not match yours.
The first contact and what to keep
You can politely say you would like to speak with a lawyer before answering questions, and ask for the agent's name and contact information. Lying to a federal agent, meaning knowingly saying something false, is a separate crime, which is one reason to talk with counsel before an interview rather than improvising. Do not delete messages, files, or accounts, and do not ask others to do so; that can create obstruction exposure even if the underlying matter is weak. Electronic devices can be searched at the border, so travel plans are worth discussing with counsel. If you receive a subpoena or a target letter, bring it to your lawyer right away.
What we work out with you
In a first consultation we try to identify which agency is involved, what the government may be looking at, and whether you appear to be a witness, a subject, or a target. We review your employment, research, or business history for the issues that tend to matter, such as disclosure obligations, export-controlled information, and foreign funding. If your employer is also involved, keep in mind that its lawyers represent the company rather than you, and we discuss whether you need your own counsel. We then decide together whether and how to communicate with the government, including whether an interview makes sense at all.
