SIGNS YOU ARE UNDER FEDERAL INVESTIGATION

There are New York State laws. Then there are federal laws. Federal laws are established by the United States Federal Legislation. While prosecution can happen at either the federal or the state level (and in some cases at both levels), a federal offense is extremely serious.

FEDERAL AGENCIES HAVE JURISDICTION

Many different federal agencies are authorized to perform investigations. Some of these include:

• the Bureau of Alcohol, Tobacco, Firearms and Explosives (AFT);
• the Drug Enforcement Agency (DEA);
• the Federal Bureau of Investigation (FBI);
• the United States Immigration and Customs Enforcement (ICE);
• the Internal Revenue Service (IRS); and
• the Secret Service (SS).

Federal charges are thoroughly investigated. In some cases, crimes are considered federal only because they occurred on US federal land, on an Indian reservation, or took place while crossing state lines. However, there are crimes that can happen anywhere that can also result in federal criminal charges. Some of the most common federal crimes include, but are not limited to, the following:

• Patriot Act Violations;
• Mail Fraud;
• Kidnapping;
• Bank Robbery;
• Hobbs Act Robbery;
• Child Pornography;
• Racketeer Influenced and Corrupt Organizations Act (RICO) Violations;
• Tax Evasion;
• Identity Theft; and
• Hate Crimes.

THE OBVIOUS SIGNS

There are some signs that make your federal investigation obvious. These include:

• Knocking: This is the first and most common sign of a federal investigation. If a government investigator shows up at your door, knocks, and asks to speak with you – it is very likely that you are under some form of federal investigation. These investigators will identify themselves when you answer the door. These individuals do not always show up in suits; just because they look friendly and relaxed does not mean the conversation will be. You have the right (and we strongly advise you) to request a lawyer be present during any discussions with federal investigators. After all, anything you say may be used against you during the criminal process and in court.
• Search Warrant: This is the second most common sign of a federal investigation. A search warrant occurs when investigators are able to provide enough probable cause for a judge to grant them the right to enter your home, vehicle or place of work in order to actively search for evidence. Federal investigators often use search warrants as a surprise attack. They must provide you with a copy of the search warrant and abide by its terms. Evidence gathered outside the scope of the search warrant is likely inadmissible in court. You should always be sure to check the address on the search warrant before a search begins to ensure law enforcement is conducting their search in the location granted by the court.
• Subpoena: Subpoenas are another tactic commonly used by federal investigators. A subpoena may be issued as an attempt to force you to testify. However, for businesses in particular, it may be issued as a means of obtaining your business records.
• Letters: In some cases, the federal prosecutor may issue a target letter. This letter, which will request your cooperation, asks you to come and speak with them. It is absolutely essential you take a criminal defense attorney who is experienced in federal prosecution with you should you decide to speak with a federal prosecutor.

THE NOT SO OBVIOUS SIGNS

There are also some signs that are not so obvious. Many of these revolve around your job. These signs may include:

• Operational Facts Requests: Government contractors are strictly monitored. Because of this, some questions should be expected. If a Contracting Officer or Contracting Officer Representative starts asking many questions about the operational facts of your facility, you may want to include a legal representative on your behalf. In fact, even if a co-worker or friend starts asking you unusual questions regarding your job, how you perform your duties, or your place of employment, this may be cause for concern. Sure, some people just like to know things. However, others may be working to provide the government with insider information.
• Letters: If a Contracting Officer starts sending you letters specifically citing mistakes on your invoices, a federal investigation may be brewing. While perfection is key, some mistakes do happen. Continued issues, however, are a red flag to the federal government.
• Cure Notices: A Cure Notice or a Show Cause Notice is another sign a federal investigation may be starting or underway. Faulty equipment or improper materials can cause the federal government to examine your business.
• Site Visits: If the government randomly requests a site visit, take heed. This is especially true if you have been receiving letters, cure notices, or other forms of communications that convey negative feelings or disapprovals by the government.
• Audits: Audits are actually quite common. They are performed by the government to monitor contractors and agencies.  The government wants to ensure you are abiding by all applicable laws and regulations. However, if an audit finds that the government has overpaid you, an investigation is sure to follow.

WHAT TO DO IF YOU THINK YOU ARE UNDER FEDERAL INVESTIGATION

One of the first things you should do if you believe you are under a federal investigation is to speak with an experienced federal crime defense attorney. Because of their knowledge and experience, these individuals are equipped to help assess your situation and make inquiries that you may not be able to.

The federal government has the right to investigate you, just as you have the right to have an attorney present. Do not waive this right for any reason. Despite the fear federal investigators are trained to instill in you, or the disarming behavior others may exhibit, do not forgo having an experienced federal criminal defense attorney present.

THE LAW OFFICES OF MICHAEL H. RICCA P.C.

The Law Offices of Michael H. Ricca P.C. is here to help you fight any federal charges you may be facing. As an experienced federal criminal defense law firm, we understand how scary and overwhelming these types of charges can be. Even an investigation alone can trigger issues.

The consequences of a federal conviction are numerous. We cannot stress to you enough about the importance of having an experienced federal criminal defense lawyer with you from the very first sign of an investigation. We know your rights and want to help fight for them should charges be pressed. We also want to help ensure you do not misstate or provide the federal investigators and prosecutors with twisted statements that can later be used to convict you of a crime you did not commit.

If you believe you are under a federal investigation, do not ignore the signs. Contact The Law Offices of Michael H. Ricca P.C. today for your free consultation with an experienced federal criminal defense attorney at (516) 500-1647.