What happens before charges are filed
Federal prosecutors and agents usually gather evidence quietly. They collect records with subpoenas, interview witnesses, and sometimes execute search warrants. A federal grand jury hears the evidence and decides whether to return an indictment.
By the time someone learns of an investigation, the government may already have a great deal of information. What you say and do next can become part of the case.
Who investigates federal crimes
Different agencies handle different kinds of cases, and they often work together. In healthcare fraud matters, for example, the Justice Department lists the FBI, the Office of Inspector General of the Department of Health and Human Services (HHS-OIG), the Drug Enforcement Administration (DEA) and IRS Criminal Investigation among its partners.
- FBI. A wide range of federal crimes, including fraud, public corruption and cybercrime.
- DEA. Drug trafficking and the diversion of prescription drugs.
- HHS-OIG. Fraud involving Medicare, Medicaid and other federal health programs.
- IRS Criminal Investigation. Tax crimes and the financial side of other cases.
Prosecution is handled by the U.S. Attorney’s Office or a Justice Department section in Washington, D.C.
Target, subject or witness
The Justice Department’s own manual sorts people in a grand jury investigation into categories. Your category shapes almost every decision you make.
- Target
- A person the prosecutor or grand jury has substantial evidence linking to a crime, and whom the prosecutor considers a putative defendant.
- Subject
- A person whose conduct falls within the scope of the grand jury’s investigation.
- Witness
- Anyone else who may have information the government wants.
A person’s status can change as an investigation develops. A lawyer can ask the prosecutor how the government currently views you.
Your status can change as an investigation develops.
Mistakes that create new charges
Some of the most serious risks at this stage come from new conduct, not the original allegation.
- False statements. Lying to a federal agent can be charged under 18 U.S.C. § 1001, with a maximum of five years in prison.
- Destroying records. Deleting, hiding or altering records to impede a federal investigation can be charged under 18 U.S.C. § 1519, with a maximum of 20 years.
- Talking to others involved. Conversations with coworkers or others in the investigation can be reported to agents or treated as evidence.
How Kaufman Legal Group can help
Jason Kaufman has tried more than 90 cases and is a Criminal Justice Act panel attorney in the Southern District of Florida. He works with Phil Horowitz, who has practiced criminal defense since 1985, and Victor E. Rocha, who was admitted to The Florida Bar in 1983 and speaks Spanish. Together they have more than 100 years of combined experience.
At the investigation stage, the firm can speak with agents and prosecutors on your behalf, find out where you stand, respond to subpoenas and prepare for what comes next. The first consultation is free and confidential. Call (954) 648-8965.