For almost every activity or industry that exists in the United States, there is a corresponding regulatory or government agency that creates legislative or administrative laws that regulate that activity. Therefore, government investigations into these activities, have a vast array of resources at their disposal to investigate infractions or schemes that attempt to violate these laws and regulations.
Governmental investigations are disruptive in nature, because they not only impact the personal and professional lives of business executives and managers but also of the business entity itself. In addition, the lives of private citizens who are the targets of these investigations are also heavily impacted if investigated under a non-business charge.
Below is a list of just a handful of government bodies that may form the basis of a government investigation.
- Federal Bureau of Investigation (FBI)
- Department of Justice (DOJ)
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
- Drug Enforcement Administration (DEA)
- Financial Industry Regulatory Authority (FINRA)
- Internal Revenue Service (IRS)
- Securities Exchange Commission (SEC)
- Office of Investigations (OI)
- National Association of Securities Dealers (NASD)
- Postal Inspector
- US Customs and Border Protection
- United States Fish and Wildlife
- US Immigration and Customs Enforcement (ICE)
- New York’s Criminal Enforcement and Financial Crimes Bureau
- New York Comptroller
- US Attorney’s Office
Understanding that the government has the resources to prosecute an aggressive investigation, it is imperative that the target of these investigations find an experienced criminal defense lawyer that will be able to protect both the target and the business entity under investigation.
Government Investigation Tactics
A fully competent and experienced defense team will be able to conduct internal investigations, respond to grand jury and governmental regulatory subpoenas, handle grand jury proceedings, negotiate with prosecutors and other regulators, represent clients in plea deals, trials and sentencing.
There are several ways that a person discovers that they are under an investigation. One simple method is for an agent of one of the above entities to create encounters with the subject or targets of the investigation in order to confuse them into discussing the investigation without legal counsel present. These agents may approach you on the street at your place of work or at your home. The target may receive a subpoena for documents compelling them to furnish all relevant documentation the parameters of which may be very wide in scope which can create financial burden on not only the business entity but on the individual as well.
In addition to these obtrusive maneuvers is the issuance of a search warrant by a magistrate or judge to federal officials allowing them to search your business or home for evidence or documents of the purported crime. This type of tactic has been used many a time in the early pre-dawn hours in order to disorient the target. It is much easier to find evidence if the target is half asleep and disoriented.
In a situation like this, the target should try to contact their attorney as soon as possible. Don't be alarmed if you're unable to reach them as 6:00 AM raids are purposefully scheduled at a time when contacting ones attorney would be the most challenging. Remember, the target or his or her family members do not have to answer questions. Just politely decline to answer questions and ask for a “search warrant return.” This is a list of all items that the agents find and remove from the premises.
For these reasons, it's essential if you're a target of a government investigation to contact a qualified defense attorney experienced in federal and white-collar crime. Your attorney will help you prepare a defense and collect all relevant information and documents that will help your case. The Kushner Law Group is here to defend your rights and to help you navigate through the often confusing governmental investigative and prosecutorial landscape.
If you have been arrested and want to learn more about the arrest process, click this link: https://kushlawgroup.com/arrest-information/