Realizing that you may be suspected of fraud can be terrifying. You may not have been charged with anything. You may not even know exactly what the investigators believe happened nor the full scope of their investigation – but your next move matters.
One of the biggest mistakes people make in this situation is speaking to investigators before consulting an attorney. Even well-intentioned efforts to “clear things up” can backfire.
Investigators are not just gathering information
It may be a natural instinct to cooperate with the authorities, particularly if you feel like you’ve done nothing wrong. You may think that a simple explanation will resolve the issue – but that’s not likely to happen.
Federal investigators seldom make a move or reveal their interest in someone until they’ve already gathered evidence, found inconsistencies and tested their theories. By the time you are contacted directly, investigators may have:
- Financial records
- Emails
- Text messages
- Statements from colleagues and third parties
Investigators may sound like they’re making informal conversation with you, but they’re not. Everything you say will be documented and analyzed for its veracity against what investigators already have or think they know. You are wise to view every interaction with the investigators, no matter how overly casual, as a potential trap.
You can create legal risk for yourself without realizing it
It is critical to understand that lying to federal investigators is, in itself, a crime. Even if your underlying conduct isn’t criminal, a false statement can lead to prosecution. That makes casual or imprecise language in your statements to investigators dangerous.
Without legal guidance, you might:
- Misstate timelines or other details
- Speculate when you don’t know the answer
- Use language that implies intent to defraud when there was none
- Contradict your prior statements or documented facts
What feels like a simple mistake can be reframed as evidence that you intentionally deceived investigators, and that can become the basis for additional charges.
Fortunately, you are not required to navigate this situation alone. You have the right to decline an interview until you have attorney representation – and you should avail yourself of this right immediately. An experienced attorney can help you understand the scope of the investigation and your part in it, prepare you for interviews and even communicate with investigators on your behalf.
