FAQ

A: If you find out that you are involved in a federal law enforcement investigation, here’s what you should not do:  

1. Do Not Talk to Others About the Investigation
   Only discuss the investigation with your lawyer or someone with whom you have a confidential relationship. There are two main reasons for this:
   • You could be charged with obstruction of justice if you suggest to someone that they should remember events differently. Approaching a potential witness and implying their memory should change, or even asking about their memory to adjust yours, risks prosecution for obstruction, which can be much worse. It’s the old adage that the cover-up can be worse than the crime.
   • If you talk to someone else, they could be subpoenaed or approached by law enforcement, and whatever you’ve said could come out in a grand jury, which could be detrimental to you.  
2. Do Not Destroy Documents
   It should be obvious why, but if there are documents related to an investigation, don’t destroy them. It’s a crime. Especially with computers, the government is adept at discovering when electronic documents were destroyed and using that against you. So, don’t destroy or delete files. Even modifying files can be problematic. If you alter an Excel spreadsheet that matters to the government by deleting problematic values, it can be a federal crime and considered obstruction of justice. 
3. Do Not Lie
   Lying is the third thing you should not do if you’re under federal investigation. If you lie to law enforcement or a grand jury, it’s a separate crime. Lying to federal agents is a crime, and it can lead to prosecution. Martha Stewart was prosecuted for that crime. So, if you talk, don’t lie. 

Probably the best thing you can do if you’re under investigation is to talk to a lawyer.