Federal investigations are rarely loud. Unlike state arrests, which often follow immediate evidence of a crime, federal authorities tend to investigate quietly and thoroughly, sometimes for months or years, before making an arrest or filing charges.
If you suspect—or even know—that you’re being investigated by the federal government, the decisions you make right now are absolutely critical. Early intervention can mean the difference between getting charged and getting ahead of the case.
Here’s how to recognize the red flags, and what to do about them:
Red Flags You’re Under Federal Investigation
You may not receive a clear notice that you’re the subject of a federal case. But there are clear warning signs that federal agents or prosecutors are building something behind the scenes.
Red Flag No. 1: You Receive a Target Letter
A target letter is an official document from the U.S. Attorney’s Office informing you that:
- You are the target of a federal grand jury investigation
- You may be charged with a federal crime
- You have the right to remain silent and to seek legal counsel
If you’ve received one, it means the government believes it has substantial evidence linking you to criminal activity. At this stage, the indictment is likely coming, but a skilled federal defense attorney may still be able to intervene, negotiate, or prepare a defense before formal charges are filed.
Red Flag No. 2: Federal Agents Contact You
Agents from the FBI, DEA, ATF, IRS, or Homeland Security might:
- Call or show up at your home or workplace
- Ask you to “come in and talk”
- Say you’re “not the target, just a witness”
- Request documents or digital devices
Even if the agents or officers seem polite or informal, do not talk to them without a lawyer present. Anything you say can and will be used against you. These are trained investigators building a case, not friends trying to help.
Red Flag No. 3: You Receive a Subpoena
Federal subpoenas often come from a grand jury, which is secretly gathering evidence and witness testimony. A subpoena may compel you to:
- Testify in front of the grand jury
- Provide documents, emails, financial records, or data
- Answer within interrogatories
Getting a subpoena doesn’t automatically mean you’re a target, but it does mean you’re in the government crosshairs. Your federal defense attorney can determine whether you’re a target, subject, or witness, and advise on how to respond safely.
Red Flag No. 4: You’ve Been Involved in a Federal Civil Case
Sometimes civil cases, such as those involving SEC violations, tax audits, or immigration proceedings, trigger criminal investigations. If your business, finances, or records have come under scrutiny in a federal civil case, the leap to criminal charges is always a possibility.
Red Flag No. 5: Your Associates/Contacts Have Been Raided or Arrested
If business partners, clients, or friends have been served with warrants or arrested by federal agents, and you have any connection to them or their operations, you may be part of a broader investigation. Federal cases often involve conspiracy charges, which allow prosecutors to target people indirectly involved in criminal conduct.
What You Should Do Immediately if Under Federal Investigation
If you suspect or know that you’re under federal investigation, do not assume it will “blow over.” The worst thing you can do is wait. Here are the steps to take instead:
Step 1 — Hire a Federal Criminal Defense Attorney Immediately
This isn’t the time for a general practitioner or a state-only lawyer. You need a federal defense attorney with experience handling cases in U.S. District Court—in the U.S. District Court for the Eastern District of Missouri (St. Louis), the U.S. District for the Western District of Missouri (Kansas City) and the U.S. District Courts fo the Southern District of Illinois in East St. Louis and Benton—as well as negotiating with Assistant U.S. Attorneys and understanding the nuances of grand jury proceedings and federal sentencing.
At Combs Waterkotte, we’ve successfully intervened during investigations, sometimes avoiding charges altogether through early negotiation and presentation of mitigating evidence.
Step 2 — Do Not Talk to Agents Without a Lawyer
Even if you’re tempted to “clear the air” or “prove your innocence,” don’t. Federal agents are not obligated to tell you the truth, and they can misrepresent your statements in reports used to justify an indictment. Politely decline and say:
QUOTE:
“I’m invoking my right to remain silent and I’d like to speak with my attorney.”
Step 3 — Preserve Relevant Evidence
Deleting emails, throwing away documents, or wiping devices can trigger obstruction of justice charges, even if you haven’t been charged with anything yet. Instead, preserve all communications, files, and records. Your federal defense attorney will help you sort out what’s relevant and what’s protected by privilege.
Step 4 — Avoid Public Comments or Social Media Posts
Do not talk about the investigation online—no vague posts, no jokes, no comments about “snitches.” Anything you say on social media can and will be used against you, especially in conspiracy or fraud cases where intent and coordination are key issues.
Step 5 — Stop Talking to Other People Involved
If you and others are under investigation together, avoid discussing the case. Those conversations may be recorded, subpoenaed, or used to establish “consciousness of guilt.” Even casual texts or calls can hurt your defense later.
What a Federal Criminal Defense Attorney Can Do at This Stage
A skilled federal defense lawyer can:
- Contact prosecutors to clarify your status
- Determine if you’re a target, subject, or witness
- Prepare you for interviews or grand jury testimony
- File motions to delay or limit subpoenas
- Negotiate for immunity or reduced charges
- Present mitigating evidence that discourages an indictment
Early intervention is your best chance at controlling the narrative, influencing decisions before formal charges are filed, and protecting your freedom. The Combs Waterkotte federal defense team has useful resources regarding your case, as well as comprehensive lists of federal crime statutes.
Key Takeaway: Federal investigations are designed to be quiet, methodical, and overwhelming by the time charges are filed. Acting fast with an experienced federal criminal defense attorney can give you the chance to shape the narrative, protect your rights, and even prevent charges before they’re filed. Delay or missteps at this stage can close doors that might never open again.
You’re Being Watched or Investigated. Get Ahead.
If you sense something is off, or if you’ve already received contact from agents or a subpoena, the time to act is now. Federal investigations are complex and unforgiving, but you don’t have to face them alone. A proactive, experienced federal legal team can make all the difference.
In the next chapter, we’ll break down what you need to know about your legal rights, the consequences of federal prosecution, and how missteps early on can have life-altering effects.
