When the FBI Comes Calling…®
WHEN THE FBI COMES CALLING…® IN
SAN FRANCISCO
The federal government consistently follows the same process when investigating an individual it believes has committed a federal crime. Whether the investigation is out of San Francisco, Los Angeles, or Baltimore, McNabb Associates can help you. The firm has a national practice and travels to all federal courts in the U.S.
It can be a very stressful time in your life if the United States of America has decided to investigate you. In many cases you will receive some form of communication from a federal law enforcement agency like the FBI. It may come in the form of a "target" letter (which means you are about to be indicted), or a telephone call (they tell you that they only want to ask you a few questions).
Oftentimes, though, it comes in the form of a doorbell ring. You answer the door and find two agents dressed in navy suits and white button down shirts asking if they can come into your living room to visit with you. Other times the personal visit is at your office.
This is a very critical stage of the proceedings. Agents are schooled in getting people to talk to them, who do not want to talk to them. Questions such as, "Do I need a lawyer?", "Should I get a lawyer?", "I think I may need a lawyer," are not definite enough to stop the questioning. The firm suggests that you politely respond to any such requests with, "I'm sorry, but I will need to retain an attorney before I can speak with you." Be polite, but firm.
The U.S. Supreme Court has said that it is okay for federal agents to trick, lie, and deceive as part of the investigatory process. Do not answer any of their questions. Do not try to explain why their theory of the facts is wrong. You can not control the questions that they ask, but more importantly, you can not control their interpretation of your answers. The U.S. Supreme Court has held that if an agent comes to you and says, "We are investigating insider trading activity that occurred yesterday, at such and such a location, did you do it?" and you say, "No," and you are later charged and convicted of securities fraud, the agents can come back and charge you with lying to a federal agent. This is a separate criminal offense that carries up to 5 years without parole, which would be added, or stacked, onto whatever time you received from the securities fraud conviction.
Again, be polite, but firm, and do not speak with the agents unless you have competent federal criminal counsel present.
The federal government follows the same process when charging an individual with a federal crime whether the charges are out of San Francisco, Los Angeles, or Baltimore. An Assistant United States Attorney (AUSA) and a federal agent will go to a secret group of people, 23 in number, and will present to the secret group of people a one-sided government view of why they think that an individual has violated a federal criminal statute. The individual is not allowed to be present, nor is his attorney. In fact, the individual probably does not even know that it is happening when it is happening. The U.S. Supreme Court has said that if the government has any evidence that tends to show that the individual is innocent, it does not have to be presented to the secret group of people. If after the one-sided government presentation, the secret group of people, also known as a Federal Grand Jury, believes that the individual probably committed a crime (probable cause) then the foreman of the Federal Grand Jury will sign a piece of paper that says that the Federal Grand Jury believes that the individual probably committed a crime. That piece of paper is called an Indictment. The AUSA and the federal agent will then leave the Federal Grand Jury Room, and walk down the hall to see a Federal Magistrate Judge. The AUSA in over 99% of the cases will ask the Federal Magistrate Judge for an arrest warrant.
The first that the individual will know that he has been indicted is when 12 to 18 federal agents, guns drawn, are at the indicted individual's house or office to arrest him.
The firm handles federal criminal cases only and travels to all federal courts anywhere in the U.S. At the state level, the city and state in which you live is governed by a different set of criminal laws than the other states and territories. Federal law is consistent throughout the nation. Whether a member of the firm walks into a federal courtroom in San Francisco, Los Angeles, or Baltimore, the federal statutes, rules of procedure and rules of evidence are the same. For instance, the state law regarding public corruption in Los Angeles, California is perhaps different from that found in Baltimore, Maryland, but the federal law is the same.
The firm suggests that if you are under investigation, or have been charged, by the United States Government with having committed a federal crime, you may be better served with a firm that only handles federal criminal cases.