How to handle the Federal Government Investigating Your Business
Is the Federal Government investigating your business? Don’t panic! This is an important situation that you’re in, but it’s not necessarily a dire one.
First, just because you’re being investigated, it doesn’t mean you’re being accused of a crime. While criminal charges are a possibility, you may be a part of an investigation regarding other parties where federal agents see you as a source for information.
That said, now is the time to act swiftly and responsibly in order to best protect your constitutional rights.
There are many different kinds of federal investigations — often those involving the IRS, DOJ, FBI, a federal grand jury subpoena, or a warrant — and the specifics of those investigations will help guide how precisely to respond to them.
However, there is a baseline set of actions you should take no matter what kind of investigation you’re facing.
If you do discover that you’re being investigated by authorities in any capacity, we recommend that you do the following:
Secure Legal Counsel, Immediately
It’s critical that you lawyer up as quickly as you can, and it’s preferable that you find an attorney that specializes in federal investigations. Defense attorneys, like those at the Law Offices of Robert J. DeGroot will help you navigate this unique situation, regardless of whether or not you are a subject of an investigation, being accused of a crime, or are seen as a source of information.
Do Not Answer any Questions
Any information, no matter how casual the conversation might seem, could be used in the Federal Government’s investigation. Let your defense attorney counsel you in how and when to communicate with the authorities.
Get Clarity on your Role in the Investigation
Is your business being investigated as a source of information? Are you a subject of the investigation? Or are you the target of this investigation? Knowing what role you play in the investigation will help you and your defense team properly respond to the ongoing investigation.
Establish an Employee Response Protocol
Your defense attorney can help you create a communication protocol that gives your team an understanding of what’s happening and recommendations for how they can respond to authorities, and to make it clear that no records, communications, or any other data should be destroyed while the investigation takes place.
Do Not Hide or Destroy Evidence
Despite your best intentions, hiding, destroying, or altering materials that authorities might deem as evidence will negatively affect your credibility, and in some cases, even create the perception that you’re attempting to obstruct justice through these actions.
Business information like emails, texts, documents, accounting records, video footage, and other information should be kept in tact. However, personal information — specifically privileged communications between you and your legal counsel — should be protected. Your attorney will help you to properly organize and share what’s legally appropriate.
Do Not Interfere with the Investigation
If the authorities arrive at your place of business in order to search the premises, it is recommended that you ask to see the warrant and then contact your attorney.
Simply tell the authorities that you are going to be cooperative, but before you hand over any documents or information to be used as evidence, that you’re going to contact your attorney in order to best protect your constitutional rights.
Do not offer any information outside of what your legal counsel advises you to do, and be sure to document what you see. This information will help you as the investigation continues.
In summary, a Federal Investigation of your business is a serious matter, but one that can be managed with the right counsel and expert recommendations.
Be cooperative, do not take actions that could be perceived as obstructing the investigation, and be sure to follow your attorney’s advice in order to achieve the best possible outcome.
Contact the Law Offices of Robert J. DeGroot
For over 50 years, the Law Offices of Robert J. DeGroot has provided an expert, aggressive defense of our clients’ constitutional rights, working fervently to achieve the most positive resolution possible.
Contact us today to schedule a free consultation.
