Federal white collar investigations often begin long before anyone is arrested or formally charged. Agents may gather records or speak with people connected to a business before the person under scrutiny knows an investigation exists. A Raleigh white collar defence attorney can help someone understand what the government is asking for and how to respond without creating unnecessary risk.

What can start a federal white collar investigation?

A federal investigation may begin when investigators receive information suggesting financial misconduct or uncover evidence in another case. White collar cases can involve allegations such as fraud, money laundering or bribery. Depending on the suspected conduct, agencies such as the FBI or IRS Criminal Investigation may work with federal prosecutors. The FBI investigates several forms of white collar crime, while IRS Criminal Investigation handles suspected tax crimes and related financial offenses.

Raleigh is within the Eastern District of North Carolina. Assistant U.S. Attorneys in that district handle federal criminal cases and work with federal law enforcement agencies during investigations.

How might you learn that you are under investigation?

There is no single warning that a federal investigation has begun. An agent may ask to speak with you. You may instead receive a subpoena demanding records or testimony. In some cases, prosecutors send a target letter.

A target letter is serious, but investigations can proceed before someone receives that type of notice. DOJ policy provides specific warnings for known subjects or targets who are called before a grand jury. This is one reason early legal advice can be useful even when no criminal charge has been filed.

What is the difference between a subject and a target?

The Department of Justice uses these terms to describe a person’s position in a grand jury investigation. A subject is somebody whose behavior falls within the range of the investigation. A target is somebody whom prosecutors regard as a probable defendant because substantial evidence links that person to potential criminal conduct.

Those labels can change as investigators obtain more information. A Raleigh white collar defence attorney can contact prosecutors when appropriate to seek information about a client’s status and help the client decide how to respond to government requests.

What should you do with a federal subpoena?

A grand jury subpoena may require a person to testify or produce records. It should not be ignored. Federal Rule of Criminal Procedure 17 allows a court to quash or modify a subpoena for documents when compliance would be unreasonable or oppressive.

A lawyer can review what the subpoena demands and identify deadlines. Counsel may also communicate with the prosecutor about the scope of the request. If documents must be produced, a lawyer can advise the client about preserving records and responding properly.

Can federal agents question you before charges are filed?

Yes. Agents may request an interview while an investigation is still underway. The fact that an interview is described as voluntary does not mean it is unimportant.

Statements made during an interview can become evidence. Federal law also prohibits knowingly and willfully making certain materially false statements within federal jurisdiction. A person contacted by investigators can speak with a lawyer before deciding how to respond.

What happens if a grand jury becomes involved?

A federal grand jury decides whether probable cause exists to support criminal charges. It does not decide whether a person is guilty.

A grand jury may hear testimony and review documents gathered during the investigation. A witness may invoke the Fifth Amendment privilege against self-incrimination when a truthful answer could be incriminating. An attorney cannot sit inside the grand jury room with the witness, but a witness may leave the room to consult counsel.

If the grand jury finds probable cause and returns an indictment, the case moves into the formal criminal process.

How can Ryan Willis Law help during a federal investigation?

Consider a Raleigh business owner who receives a grand jury subpoena seeking several years of billing records. She has not been arrested and assumes she is simply being asked to provide documents. Before responding, she speaks with counsel, who reviews the subpoena and seeks clarification about her status. That early review can help her understand the investigation before she makes decisions that may affect her defense.

A Raleigh white collar defence attorney at Ryan Willis Law can help you respond to federal investigators, subpoenas and grand jury proceedings while protecting your rights at each stage. To discuss a federal investigation, call Ryan Willis Law on (919) 341-6294 or fill out the online form.