An unexpected visit or phone call from the FBI can be the first indication that a federal criminal investigation has been underway for months. Agents may already have interviewed witnesses, obtained financial records, reviewed electronic communications, or gathered other evidence before contacting the person they want to question.
Being contacted by the FBI does not necessarily mean you will be charged with a crime. Agents interview witnesses as well as people whose conduct they are investigating. However, it can be difficult to know which category applies from the questions alone.
An FBI Investigation Attorney can communicate with agents and federal prosecutors, evaluate an interview request, determine what can be learned about the investigation, and begin protecting your interests before criminal charges are filed. Milner & Wynne represents clients facing serious federal investigations in Dallas and throughout Texas.
Why Would the FBI Contact Me?
The FBI investigates a wide range of potential federal crimes.
Depending on the circumstances, agents may contact someone concerning allegations involving:
- Wire fraud
- Mail fraud
- Bank fraud
- Healthcare fraud
- Securities fraud
- Bribery
- Public corruption
- Money laundering
- RICO
- Cybercrime
- Identity theft
- Drug trafficking
- Violent federal crimes
- Conspiracy
You may also be contacted because agents believe you witnessed events or possess records relevant to someone else’s investigation.
Do not assume that the FBI’s reason for making contact is obvious.
Do I Have to Talk to FBI Agents?
FBI agents frequently request voluntary interviews.
A voluntary request is different from a subpoena or court order requiring a particular response.
Someone approached for a voluntary interview can consider speaking with an attorney before deciding whether to answer questions.
This can matter even when the person believes they have done nothing wrong.
Agents may already possess documents, messages, recordings, or statements from other witnesses. They can compare answers against evidence the interviewee has never seen.
An FBI Investigation Attorney can contact the agents and determine how to respond to the request.
What If FBI Agents Come to My House?
Agents sometimes arrive at a home without advance notice and ask to speak with someone.
The surprise can make people feel pressured to immediately answer questions.
If agents do not have a warrant requiring access, a voluntary interview does not become mandatory merely because investigators appear in person.
You can avoid interfering with agents while still considering whether to obtain legal advice before answering substantive questions.
If agents have a search or arrest warrant, the situation is different. Do not physically interfere with the execution of a warrant.
Should I Explain My Side to the FBI?
People often believe that a quick explanation will clear up a misunderstanding.
Sometimes the underlying facts are much more complicated than they realize.
Federal investigations can cover conduct from years earlier. An individual may not remember the exact date of a transaction, wording of an email, or details of a business decision.
Federal law can also criminalize certain knowingly and willfully false statements in matters within federal jurisdiction when statutory requirements are satisfied.
A person should not guess at answers simply because agents are asking questions.
Speaking with counsel first can help determine whether an interview is advisable.
Am I a Witness, Subject, or Target?
Understanding your status can be important.
Federal prosecutors commonly use terms such as witness, subject, and target.
A target generally refers to someone prosecutors believe substantial evidence links to a crime and whom they consider a putative defendant.
A subject is generally someone whose conduct falls within the scope of an investigation.
A witness may possess relevant information without being suspected of criminal conduct.
Status can change as investigators gather evidence.
An FBI Investigation Attorney may contact the prosecutor or agents to seek additional information about the client’s position in the investigation.
FBI Search Warrants
A search warrant is a significant escalation in a federal investigation.
FBI agents may obtain warrants to search locations such as:
- Homes
- Offices
- Businesses
- Vehicles
- Storage locations
Agents may seize documents, computers, phones, financial records, or other property identified within the scope of the warrant.
A warrant means a judge found probable cause supporting the authorized search. It does not mean the person searched has been convicted or will necessarily be indicted.
Defense counsel can review available warrant materials and determine what agents were authorized to search and seize.
Computers and Phones Seized by the FBI
Digital evidence is central to many modern FBI investigations.
A forensic examination may potentially reveal:
- Emails
- Text messages
- Documents
- Photographs
- Internet activity
- Financial records
- Location information
- Account data
- Deleted files
The presence of information on a device does not always establish who created it.
Shared computers, business systems, family devices, compromised credentials, and multiple account users can create attribution issues.
The defense can examine how investigators connect specific digital activity to the person accused.
FBI Financial Crime Investigations
The FBI plays a significant role in many federal white collar investigations.
Agents may examine financial records when investigating alleged fraud, bribery, money laundering, embezzlement, or other financial crimes.
Evidence can include:
- Bank statements
- Wire transfers
- Accounting records
- Contracts
- Corporate records
- Loan documents
- Emails
- Tax information
Individual transactions can look suspicious when separated from the larger business relationship.
A defense investigation may need to reconstruct why payments occurred and whether the records support the government’s interpretation.
Grand Jury Subpoenas
The FBI can work with federal prosecutors during grand jury investigations.
A person or business may receive a subpoena requesting documents or testimony.
Document demands can cover years of records.
A subpoena should not be ignored, but the materials should be reviewed before production.
Potential issues may involve scope, privilege, constitutional protections, and the recipient’s own exposure.
An FBI Investigation Attorney can communicate with prosecutors and help develop an appropriate response.
Recorded Conversations and Cooperating Witnesses
Someone speaking with you during an FBI investigation may already be cooperating with federal agents.
Authorities can use cooperating witnesses to gather information and, when legally permitted, record conversations.
The cooperating person might be:
- A business partner
- An employee
- A friend
- A customer
- A codefendant
- Another person under investigation
The government may later use those conversations as evidence.
Context remains important.
Recorded statements should be compared with the history between the parties, other communications, and objective records.
Confidential Informants
Some FBI investigations use confidential informants.
Informants may provide information about suspected criminal activity or participate in investigative operations.
Their reliability can become an important issue if charges are eventually filed.
The defense may examine whether an informant has criminal exposure, receives benefits, has financial incentives, or has provided inconsistent information.
Information from an informant may also contribute to applications for search warrants or other investigative steps.
Surveillance During an FBI Investigation
FBI agents may conduct surveillance before directly contacting someone.
Depending on the investigation and legal authority involved, evidence may include physical observations, location information, recorded communications, or other monitoring.
The fact that agents suddenly request an interview does not mean the investigation just started.
By that point, authorities may already have substantial evidence concerning the person’s activities and relationships.
FBI Cybercrime Investigations
The FBI investigates computer intrusions and other cyber-enabled crimes.
These cases can involve technical evidence such as:
- IP addresses
- Login records
- Server logs
- Cloud accounts
- Cryptocurrency transactions
- Malware
- Device forensics
Digital evidence can create an appearance of precision while still leaving questions about who actually performed an action.
An IP address, for example, can identify a connection without necessarily proving which person used it.
FBI Public Corruption Investigations
The FBI also investigates federal public corruption.
These cases can involve allegations of bribery, kickbacks, extortion, government contracting fraud, or other improper financial relationships.
Agents may analyze communications between businesses and public officials alongside contracts, payments, gifts, and government decisions.
The defense can examine whether the evidence establishes criminal intent or reflects lawful political, professional, or business activity.
Can an Attorney Contact the FBI for Me?
Yes.
Once retained, defense counsel can communicate with FBI agents and federal prosecutors concerning the investigation.
Depending on the situation, counsel may:
- Respond to interview requests
- Seek information about investigative status
- Address subpoenas
- Discuss seized property
- Communicate with prosecutors
- Preserve defense evidence
- Prepare for possible charges
This also creates a clear channel through which investigators can communicate concerning the represented client.
Can an Attorney Keep Me From Being Indicted?
No attorney can guarantee that a federal investigation will end without charges.
Charging decisions ultimately belong to federal prosecutors, and indictments are returned through the grand jury process.
However, obtaining counsel before charges can provide opportunities to evaluate the investigation and prepare a defense.
In appropriate circumstances, counsel may also present information or legal arguments to prosecutors before charging decisions are finalized.
Whether that is advisable depends on the case.
Do Not Destroy Evidence After FBI Contact
Learning about an FBI investigation can cause panic.
Do not respond by deleting messages, destroying documents, altering records, or asking someone else to conceal evidence.
Such conduct can create additional criminal exposure.
Potentially relevant records should be preserved.
A lawyer can help determine how to respond appropriately to requests for information while protecting the client’s legal interests.
FBI Investigation Representation in Dallas
Milner & Wynne focuses exclusively on criminal defense and represents individuals facing serious federal and white collar investigations.
George R. Milner III has practiced criminal law since 1992. He began his career as an assistant district attorney in Dallas County before entering criminal defense. His practice includes white collar litigation and criminal trial and appellate matters in state and federal courts.
FBI investigations can develop extensively before the person under investigation realizes agents are examining their conduct. Early representation allows the defense to begin evaluating the situation before an indictment is returned.
Frequently Asked Questions About FBI Investigations
Does the FBI have to tell me if I am under investigation?
Not necessarily. Federal agents can conduct many investigative activities before directly contacting the person whose conduct they are examining.
Why would the FBI leave a business card at my house?
Agents may leave contact information when they want to speak with someone. The card alone does not reveal whether the person is a witness, subject, or target.
Can I refuse a voluntary FBI interview?
A voluntary interview is not the same as compulsory testimony under a subpoena or court order. You can consider obtaining legal advice before deciding whether to participate.
Should I call the FBI agent back myself?
You can consider speaking with a Federal Investigation Attorney first. Counsel can contact the agent and determine more about the reason for the request when possible.
Does an FBI search warrant mean I am going to be charged?
No. A search warrant indicates that a judge found probable cause for the authorized search. It does not guarantee that prosecutors will ultimately file charges.
Can the FBI search my phone?
Federal agents may search a phone when legally authorized, including through a valid search warrant covering the device and relevant evidence.
Can the FBI investigate financial crimes?
Yes. The FBI investigates numerous white collar and financial crimes, including fraud, money laundering, bribery, and public corruption.
When should I hire an FBI Investigation Attorney?
Consider obtaining counsel when FBI agents request an interview, arrive at your home or workplace, execute a search warrant, seize devices, contact associates, or you learn that you are a subject or target of a federal investigation.
Speak With an FBI Investigation Attorney
Contact from the FBI should be taken seriously even when no criminal charges have been filed. Agents may already possess substantial evidence, and decisions made during the investigation can affect what happens if prosecutors later seek an indictment.
Milner & Wynne represents clients facing serious federal investigations involving fraud, white collar crimes, conspiracy, cybercrime, public corruption, drugs, firearms, and other federal offenses. If FBI agents have contacted you or are investigating your conduct, an FBI Investigation Attorney can evaluate the situation, communicate with federal authorities, and begin developing a defense before the case moves further.