If you are the subject of a federal fraud investigation, you need to take the process seriously. If the government is able to convince a court that you have committed fraud, you could be facing significant fines and even prison time. One of the best ways to protect yourself is to become better acquainted with how the investigation process works. Another important step is to retain seasoned legal counsel. Federal Criminal Attorneys of Michigan is ready to serve you.
How Federal Investigations Begin
Fraud investigations begin when a federal agency has reason to suspect that an individual may be defrauding the government, investors, or others. Agencies like the Securities and Exchange Commission may review financial activity, for instance, and detect a pattern of behavior that indicates possible fraud. In some cases, whistleblowers tip off the government through various programs that allow them to report insider knowledge of fraudulent activity.
A number of federal agencies have authority to investigate fraud that concerns matters falling under their jurisdiction. So you could be the target of an investigation from agencies as varied as the Department of Health and Human Services, the Internal Revenue Service, and the U.S. Secret Service.
Common Investigative Techniques
After formally launching an investigation, officials will be looking primarily at these issues:
- Whether a federal statute has been violated and fraud has been committed
- The identities of the individuals (including private citizens, businesses, and government officials) who may be involved and, therefore, charged with a crime
- What type of evidence exists or may be uncovered through further investigation
Investigations sometimes take months or years because the government knows that it needs significant evidence to meet the burden of proof in a criminal case (beyond a reasonable doubt). So you may not even know that you have been targeted for an investigation for quite some time. But you and others with whom you associate (including family and friends) may be subject to surveillance, wiretapping, and other investigatory tools.
Eventually the government may take overt action such as sending you a letter to notify you of the investigation and asking you to be interviewed along with other witnesses. More aggressive actions include issuing subpoenas, executing search warrants of your home or business, and even arresting you. Agents may employ other options like:
- Promising immunity or limited immunity to compel testimony
- Relying on confidential informants
- Using civil asset forfeiture
- Obtaining court injunctions and restraining orders
- Consulting experts (e.g. forensic accountants) to assist with their efforts
Protecting Your Rights During a Federal Investigation
The moment you find out that you are being investigated for fraud by the federal government, you need to reach out to knowledgeable legal counsel. Regardless of the allegations, the government will not easily be persuaded to cease its efforts. Call our office to retain an attorney. We also recommend these additional steps, many of which we can help with:
- Object to or quash subpoenas: There are various rules concerning the use, issuance, and scope of subpoenas. We can help you make valid objections or possibly move to quash the subpoena (declare it invalid).
- Object to searches and the results of search warrants: Likewise, various constitutional provisions are in place to ensure the government does not abuse its power to search. Items that were seized in breach of your rights can be excluded as evidence from government proceedings.
- Do not agree to questioning without an attorney: You may be contacted by the government and asked to “answer a few questions” or have a talk. As harmless as this sounds, remember, the government is trying to learn whether it can prove you committed fraud. Never submit to government questioning without talking to an attorney first.
- Keep detailed records: By no means should you destroy evidence or potential evidence of fraud. To the contrary, you should start collecting and organizing your records. Notify your attorney what you have gathered at the end of this process.
- Consider cooperating with the government: You may be able to cooperate with the government and thereby secure immunity from prosecution. However, these deals should only be worked out by consulting an attorney first. Never agree to cooperate without the assistance of legal counsel.
- Be honest with your attorney: Your lawyer cannot help you if you are not honest about the facts at the heart of the fraud investigation. Attorney-client communications are broadly protected, so you can count on your lawyer to maintain confidentiality.
Get Started With Our Law Office Today
Our goal at Federal Criminal Attorneys of Michigan is to protect your rights and bring about a positive resolution of the government’s investigation. Let us help you by giving us a call to talk about your situation. Reach out to us today.
