Federal Investigation Emergency Checklist

How you might first learn of an investigation

Federal investigations often surface in one of a few ways. Recognizing which one you are facing helps you respond calmly:

• A target or subject letter. Prosecutors sometimes send a letter describing you as a target (someone they may charge) or a subject (someone whose conduct is within the scope of the investigation). A third category, witness, generally means the government wants information from you. These terms are described in the Department of Justice's Justice Manual.
• Agents at your door. Federal agents (for example, from the FBI, DEA, HSI, or IRS Criminal Investigation) may arrive to ask questions or to execute a search warrant.
• A grand jury subpoena. You may be served with a subpoena to testify, to produce documents, or both. Grand jury practice is governed by the Federal Rules of Criminal Procedure.

What to do - the do list

• Stay calm and be polite. You can be courteous without answering questions. Hostility rarely helps and can be misread.
• Clearly assert your right to counsel. Say plainly: “I want to speak with a lawyer before I answer any questions.” Then stop talking. The right to counsel and the right to remain silent exist to protect you.
• Ask for identification and a card. Note the names, agency, and contact information of any agents, and keep any documents they hand you.
• Read any warrant carefully. If agents have a search warrant, you can review what it authorizes. State that you do not consent to any search beyond the warrant, and do not interfere with agents carrying it out.
• Preserve everything. Keep documents, emails, text messages, files, and records exactly as they are. Preservation protects you.
• Write down what happened. As soon as you safely can, make private notes of who came, what was said, and what was taken - then share them with your lawyer.
• Call a criminal defense lawyer right away. Early advice is often the most valuable step you can take.

What not to do - the don't list

• Do not speak to agents without a lawyer. You are not required to answer questions, and you cannot “talk your way out of it.” Making false statements to federal agents is itself a crime.
• Do not destroy, alter, hide, or delete anything. Shredding paper, wiping devices, deleting emails, or telling others to do so can lead to obstruction of justice or evidence-tampering charges - sometimes more serious than the underlying matter.
• Do not contact other witnesses to coordinate. Discussing the case or asking others to change their account can look like witness tampering.
• Do not consent to a search unless your lawyer advises it. You can decline consent while still not physically obstructing agents who have a valid warrant.
• Do not post about the situation on social media or discuss it over text or email.
• Do not assume staying silent makes you look guilty. Asserting your rights is lawful and ordinary.

Who to call - and in what order

1. A criminal defense lawyer. Make this your first call. Counsel can communicate with the government on your behalf and help you avoid missteps.
2. Trusted support, carefully. You may need a family member to help with logistics, but avoid discussing facts of the case with anyone other than your lawyer - conversations with friends and family are generally not privileged.
3. Your employer or others - only after advice. Whether and how to notify an employer, business partners, or others is a strategic decision to make with counsel.

Why a litigation hold matters early

Once you know about an investigation, you have a duty to preserve potentially relevant records. With your lawyer's help, you can put a litigation hold in place - a documented instruction to stop routine deletion and keep relevant materials intact. This protects you from obstruction exposure and keeps your options open.

Authoritative sources

For background directly from the government, these official resources are a starting point:

• U.S. Department of Justice - Justice Manual (policy on targets, subjects, and witnesses, and charging decisions)
• Federal Rules of Criminal Procedure (U.S. Courts) (grand jury practice and subpoenas)
• U.S. Courts (uscourts.gov) (how the federal court process works)