What do I do if an investigator from the Department of Justice wants to talk to me?
Asked on Aug 20th, 2012 on Litigation - New Jersey
More details to this question:
I have been contacted by my two friends that said an investigator from the Department of Justice is looking for me and wants to talk to me. I used to work for a company that helped people get their money back from fraudulent companies. When I was still working there, the Federal Trade Commission said that we were violating the telemarketing sales rule by contacting people that had already been involved in a telephone solicitation. I neither live in that state nor worked for that company in over a year. What should I do?
The fact that it has been a year, does not mean you could not still be charged with a crime. The investigation may have taken that long. I would advise you to retain the services of an attorney, who could review with you the facts of your case, and if necessary decide if it is in your best interests to speak with the investigators, or counsel you as to how to answer their questions.
If you are worried about possible criminal charges against you personally, hire an attorney. If you think the Department of Justice is just doing investigation of the company, it may be okay to cooperate with them.
It may not be serious. And you may not be the focus or target of their investigation. They may just be looking for information. But you should always bear in mind that you have an absolute right to remain silent under the Fifth Amendment. There is no such charge as refusing to talk to a Government agent. If you get any feeling at all that you are personally being investigated and charges may be brought against you, calmly and politely inform them that you will meet with them only if your lawyer is present.
It would probably be best to hire an attorney. They would be in a much better position to assist you. In any event, if a person is being investigated by law enforcement, it is rarely in that person's interest to talk to the law enforcement officials. If they are interested in using you as a possible witness, you need an attorney.
You should probably discuss this case with a criminal defense attorney familiar with federal practice in the state where the case would proceed. You need to know that it is a crime to lie to investigators, but not a crime to refuse to talk. It's better not to talk than to lie if your are not a target of the investigation, but simply a witness, this may be nothing, but if you could get charged, you need representation. You probably do not know whether you are a target. You do not have to talk with anyone, but failure to do so eliminates a potential mitigator if you are eventually convicted.
In most cases, the best approach would be to wait until they contact you. If Federal agents want to question you, it most likely would be best to do that with your lawyer present.
Consult an attorney right away. Do not talk to any investigator or law enforcement official without your attorney present. Tell anyone who questions you about this that you refuse to answer questions without your attorney present.
I would speak to an attorney BEFORE I spoke with the Justice Department, depending on your positions and responsibility, you could be a target of the investigation.
You don't have to do anything. If you even remotely suspect that you are a target of an investigation then you should hire a lawyer and the lawyer, after interviewing you, might decide to contact the investigator.
Anytime a person is the target of a criminal investigation, the person should immediately consult with an attorney in order to preserve their constitutional rights and avoid self-incrimination.
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