If you are the subject of a federal criminal investigation, you are given a target letter formally informing you that you are the focus of the investigation. The letter will ask for your cooperation, starting with your willingness to come in and talk or "proffer." Such a meeting will give you a broad understanding of the allegations being investigated and the grounds for the investigation.
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Before you receive the target letter or proffer, the investigating agency will have already contacted you. This agency could include the FBI, ATF, DEA, Medicare, Medicaid, IRS or DHS.
Often, these investigators operate on the element of surprise, showing up at your home unannounced, requesting permission to enter your house and talk.
It is important that you immediately exercise your right to an attorney. Tell the investigator that you would like to cooperate, but first need to speak with your lawyer. You need not actually cooperate at this time or any time in the future, if that is the decision.
Once you have been contacted by the case agent, you need to hire counsel. You must first discuss the basis for the criminal investigation and whether your lawyer should reach out to the investigating officer or the supervising United States Attorney.
As the potential target or subject of a criminal investigation, any contact you have with the investigator is recorded and will be used later. Statements denying involvement may be the basis for other charges of obstruction or lying to the criminal investigator.
If you decide not to cooperate, sometime in the future, you may receive the target letter and proffer request. At that point, the investigation has proceeded, and you have been implicated by others in the commission of the crime. You can choose now to cooperate, show up for an interview or "profer" and help in the investigation, or not.
During the proffer or interview with the case agent and a US Attorney, it is important that you seek to accept responsibility, mitigate to reduce the types of charges to be filed and reduce any potential offense level score in the sentencing scheme. All of these goals can be reached, depending on the decisions you and counsel make after that first contact by the case agent or the target letter and proffer request.
Protect Your rights When They Are Most at Risk
At Hark and Hark, we offer the level of complete protection of your rights that you need during this investigation. There are countless opportunities for tragic errors. We will defend your rights and fight to see you reach a successful outcome with the investigation.
To arrange a free initial consultation, contact Hark and Hark online or call us toll free at 877-4-HARK-LAW (877-442-7552).
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