Criminal Law Blog

Ordinarily a white-collar case begins with an investigation by a federal agency such as the FBI. The federal agency has subpoena power and a vast amount of investigative resources to build a case and bring it to the federal prosecutor. The government then brings the case before a Grand Jury, a group of citizens empowered to subpoena any individual to appear before them to answer questions. The Grand Jury's function is to decide whether someone should be charged--"indicted"--for committing a crime. Individuals involved in such investigations generally fall into one of three categories: witness, subject or target.

The so called target is someone who is likely to be charged with a crime at the federal level. A witness in a federal crime investigation is ostensibly not yet under any suspicion, but just has information of interest to a grand jury in the Southern or Eastern Districts of New York. The subject is generally described as someone having engaged in conduct that appears suspicious and is to be investigated further, or such that warrants further criminal investigation by the FBI, CIA, DEA, DOJ, or other federal authorities. If you become aware that you are under investigation and contact with law enforcement suggests that you are either a witness, target, or a subject of a federal investigation, do not let the labeling fool you. Contact our federal defense attorneys to discuss your case. Becoming involved in such an investigation, even at the level of a witness, exposes you to the possibility of being prosecuted, depending upon your testimony. Therefore, you need to work with a competent attorney to realistically evaluate your potential criminal liability and minimize your chances of being indicted. Do not let yourself fall prey to any verbal promises offered to you by the United States Attorney's office and do not talk to anyone about any aspect of the case. Everyone involved is a potential witness against you. Furthermore, you should never destroy any documents or electronic mail. Your computer will be searched by federal agents who can determine if documents have been destroyed or changed. You should immediately talk to an attorney and seek legal advice before taking any further steps.