Learning that you’re under federal investigation for fraud is one of the most intimidating experiences anyone can face. Whether you received a formal target letter, had federal agents show up at your door, or heard rumors of an inquiry, the stakes couldn’t be higher. Federal prosecutors have extensive resources and pursue fraud cases aggressively. If you believe you’re being investigated, your next steps could determine whether you’re indicted—or whether you stay free. Here’s exactly what you should do if you’re under federal investigation for fraud.
Understand the Seriousness of a Federal Investigation
Federal fraud investigations are conducted by powerful agencies like the FBI, IRS, SEC, or U.S. Postal Inspection Service. These agencies are thorough, strategic, and patient. If you’re under investigation, understand that agents may have been collecting evidence against you for months—or even years—before you learned about it. Federal fraud charges often carry severe penalties, including massive fines and long prison sentences. You cannot afford to take this lightly.
Signs You Are Under Investigation
- Receiving a target letter from a U.S. Attorney’s Office
- Being contacted or visited by federal agents
- Receiving subpoenas for documents or testimony
- Learning that your colleagues, clients, or associates have been interviewed
- Unusual financial scrutiny from regulators or auditors
If any of these signs apply to you, it’s time to take immediate action.
Do Not Speak to Federal Agents Without a Lawyer
One of the biggest mistakes people make is thinking they can “clear things up” by speaking to investigators without legal counsel. This is extremely dangerous. Federal agents are trained to extract admissions, inconsistencies, and statements that can later be used against you. Politely decline to answer any questions and inform agents that you want to consult with an attorney. Anything you say can and will be used against you, even if you think you’re helping yourself.
Hire an Experienced White-Collar Criminal Defense Attorney Immediately
Time is critical. The sooner you hire an experienced white-collar criminal defense attorney in Miami, the better your chances of influencing the investigation’s direction. A seasoned attorney can:
- Communicate with investigators on your behalf
- Protect you from making damaging statements
- Negotiate to prevent formal charges from being filed
- Advocate for your rights if charges are inevitable
- Develop an early defense strategy
Preserve Evidence and Gather Documentation
Federal fraud cases revolve around documents—emails, contracts, financial records, invoices, and more. Secure any records that could be relevant to the investigation, but do so carefully and legally. Never destroy or alter evidence. Obstruction of justice can lead to additional criminal charges that are often more serious than the original allegations.
Do Not Discuss the Investigation With Others
It’s tempting to talk to coworkers, friends, or family members when you’re scared. But loose conversations can unintentionally create witnesses for the government. You don’t know who might be cooperating with authorities or who might be subpoenaed to testify against you. The safest approach is to limit your discussions to your lawyer and follow their advice closely.
Evaluate Your Risk of Indictment
Receiving a target letter generally means prosecutors believe you committed a crime and intend to seek an indictment. However, not all investigations lead to formal charges. Your attorney can help assess your situation and advise whether pre-indictment negotiations, immunity agreements, or cooperation strategies are appropriate—or whether it’s better to prepare for trial aggressively.
Possible Defenses to Federal Fraud Allegations
- Lack of intent: You did not knowingly or willfully engage in fraud.
- Insufficient evidence: The government cannot prove its case beyond a reasonable doubt.
- Entrapment: Government agents induced you to commit a crime you otherwise wouldn’t have committed.
- Good faith: You believed your actions were legal based on reasonable information or advice.
- Procedural errors: Violations of your constitutional rights during the investigation can invalidate the evidence against you.
Consequences of a Federal Fraud Conviction
Federal fraud convictions can result in:
- Significant prison sentences (often measured in years, not months)
- Restitution payments to victims
- Massive financial penalties
- Asset forfeiture
- Loss of professional licenses or certifications
- Permanent damage to reputation and career
Take Action Now to Protect Your Future
If you’re under federal investigation for fraud, your future is at risk—but the right legal defense can make all the difference. At Reynoso Erickson Trial Law, P.A., our Miami white-collar criminal defense attorneys have decades of experience fighting federal charges. Contact us today for a confidential consultation and start protecting your rights immediately.