Why agents reach out
Agents contact people for many reasons. You may be a witness with useful information, a subject whose conduct is under review, or a target the government already considers a likely defendant. Agents do not always say which.
A visit or a call is often one of the first visible signs of an investigation that has been under way for some time. Agents may already have records, recordings or statements from other people.
Your right to remain silent and to have a lawyer
In its decision in Brogan v. United States, the Supreme Court recognized that a person may remain silent, but said the Fifth Amendment does not give anyone a privilege to lie. You can decline to answer questions and ask to speak with a lawyer first.
Declining an interview is not an admission. Saying “I would like to speak with a lawyer before I answer questions” is a complete answer.
The false statement risk
Under 18 U.S.C. § 1001, it is a federal crime to knowingly and willfully make a materially false statement in a matter within the jurisdiction of the federal government. That includes answers to FBI and other federal agents, even when you are not under oath.
The Supreme Court has held there is no exception for a simple false denial. A nervous “no” to an agent’s question can be charged on its own, even if the government never proves the conduct it was investigating.
| Statute | What it covers | Maximum prison term |
|---|---|---|
| 18 U.S.C. § 1001 | Knowingly and willfully false statements, or concealing a material fact, in a federal matter | 5 years; 8 in certain terrorism and sex offense matters |
| 18 U.S.C. § 1519 | Destroying, hiding or falsifying records to impede a federal investigation | 20 years |
If agents come to your home or office
- Ask who they are. Get each agent’s name, agency and contact details.
- Ask whether they have a warrant. An interview request and a search warrant are different things.
- Do not guess. If you choose to say anything, do not estimate, speculate or fill gaps.
- Preserve everything. Do not delete messages, emails or files after the visit.
- Call a lawyer. A lawyer can contact the agent, learn what the investigation is about and decide with you whether any interview makes sense.
What a lawyer can do at this stage
A lawyer can take over communication with the agent, ask the prosecutor whether you are a witness, subject or target, and advise whether to decline, schedule an interview with counsel present or take another approach.
If an interview does go forward, preparation matters. Your lawyer can be present and help you avoid statements the government could treat as false.
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.
The firm can respond to agents for you and protect you from avoidable mistakes early in an investigation. The first consultation is free and confidential. Call (954) 648-8965.