They show you their badges. They are special agents with the Federal Bureau of Investigation. What do you do now? Among the many federal law enforcement agencies, the FBI is arguably the best-known. While you see FBI agents in movies all the time, few people ever meet an FBI agent in person, let alone encounter agents that want to discuss a pending criminal investigation with them.
In general, the purpose of the FBI is to ensure compliance with federal statutes and to investigate federal crimes. The following are some examples of offenses that are federal in nature, even though state laws may exist concurrently that prohibit the misconduct in question. Sometimes, an investigation originates because agents received a tip e. Other times, investigations result from other cases, where a name or a matter came up that was not part of the original investigation e.
Regardless of how the investigation starts, agents are information brokers. They depend on information. They need evidence, or at least probable cause, to believe that someone committed a federal offense or helped someone else to commit a federal crime by way of a criminal conspiracy. Are you worried about the FBI?
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Smith does not work for Pharmacy, but he entered a business relationship with the company that involves referrals. Are you Mr. FBI Agent : Oh, nothing, nothing to worry about. You are not in trouble or anything. We just have a few questions. It is not about you. You mind we come in for a minute? FBI Agent : What did you have to do? You : Well, like consulting and being the medical director, making sure everything is right there, you know. FBI Agent : Oh, ok. FBI Agent : It says here that you are providing this list of ten services.
Do you have any documentation, or are you telling me that you actually provided accounting and HR services? You liked Fred and the Pharmacy wanted your business because you are a well-respected doctor, right?
FBI Agent Career, Job, and Training Information
Look, I am not here to hurt you. You : No, please respect that I want my lawyer present. Please give me your contact information and my lawyer will contact you promptly. Thank you for your understanding. FBI Agent : Why would you need a lawyer unless you have something to hide? From the perspective of a federal defense lawyer, the difference between Interview 1 and Interview 2 could not be any greater. To start with, talking to an FBI agent is like testifying in court.
Unknown to most people, conversations between federal agents and you are subject to 18 U. In other words, any misrepresentation, lie, withholding of information material to the conversation may constitute a federal felony charge. You must not lie, trick, cover up, falsify, conceal, misrepresent when talking to agents.
The Characteristics of FBI Agents
By contrast, the law does not prohibit agents lying to you. Federal agents can deceive you, lie to you, trick you, and misrepresent the truth. In fact, they will. Imagine if the interview request started off like this:. FBI Agent : We are investigating you for health care fraud. We think you committed a crime. You are in trouble and you may go to jail. Can we talk to you? Naturally, what would happen in a situation like this is that a wall would likely come down.
How to Become an FBI Agent
Your natural instincts would tell you: I do need a lawyer. I should not do this by myself. I am in trouble, they said. Your whole body would switch into defense. What you must not forget is that no matter how friendly the agents are and how innocently they talk to you, they are not on your team. They are trained and paid to put people behind bars.
You are just their tool, not their ally and not their partner. Make no mistake about this. Finally, your statement cannot be undone.
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FBI agents typically do not record their conversations with targets or witnesses because early in the s it was established that FBI agents go through a rigid selection and security clearance process. So, you are also outnumbered. In addition, investigating agents are required to contemporaneously write a memorandum about each interview they conduct to capture all details of a conversation. The steps and risks involved in FBI investigations depend on the specific offense or, more likely, offenses that are being targeted.
The FBI investigates a broad range of federal crimes ranging from health care fraud to cyberterrorism; and, while some crimes carry more-severe penalties than others, if you are being targeted by the FBI this almost certainly means that you are at risk for substantial fines and federal imprisonment. Additionally, most FBI investigations target individuals and organizations suspected of a variety of federal offenses.
If you are charged with multiple counts of multiple crimes, you could be subject to decades of incarceration. Furthermore, due to the breadth of the federal conspiracy statute, you could be imprisoned even if you were not directly involved in the commission of a federal offense. If you know that federal agents are looking into your professional practice or business dealings, you are far more likely to seek legal representation and exercise your right to remain silent. On the other hand, if FBI agents can convince you that you are not being targeted, they know that they have a much better chance of getting you to say something they can use against you.
The fact that you have been contacted by FBI agents does not necessarily mean that you are being targeted for prosecution. But, it does mean that you need to approach your situation very cautiously. The FBI agents handling the investigation have the upper hand, and they will use any available leverage to the fullest of its potential. Yes, it is possible that you are just a witness to an investigation targeting another individual or business. Also, even if you are currently a witness, this could change once the FBI gathers additional information. Your statements during the interview could lead to you becoming a target, or they could lead the FBI to other sources of information that eventually lead to you being implicated in a conspiracy or other federal crime.
It depends, although the answer is probably more than you think.
By the time you find out that you are a target or a witness in a federal investigation, the FBI has already done its research to learn everything it can about you. Because you might be wrong.