An unexpected call or visit from the FBI can unsettle any business owner. Agents may seek information about employees, vendors or transactions without suspecting the business of a crime. However, your response can affect how the inquiry proceeds, even if your company has done nothing wrong.
A business may come to investigators’ attention because of a transaction, a vendor relationship or records linked to another person’s conduct. The company may simply have information investigators need rather than be the focus of the inquiry. Knowing this can help you approach the situation calmly.
What does FBI contact mean?
FBI contact does not automatically mean your company is under investigation. Agents may be gathering information about other people or businesses.
A voluntary interview differs from a subpoena or search warrant. A subpoena may require you to provide documents or testify.
How should you respond?
If an FBI agent contacts you, take these steps:
- Verify the agent. Call the FBI field office directly to confirm their identity.
- Clarify the request. Ask what information the agent wants and whether the request is voluntary.
- Get legal advice. Consult a white-collar defense attorney before agreeing to an interview or providing documents.
- Stay calm. Do not guess or speculate when answering questions.
You can ask for time to consider your response.
What are your rights during an interview?
You can consult an attorney before deciding whether to take part in a voluntary interview. You can also ask to have your attorney present. Your rights depend on the circumstances, including whether you are a witness, subject or target of an investigation.
Under 18 U.S.C. § 1001, knowingly and willfully making a materially false statement within federal jurisdiction can be a federal offense. If you are unsure of an answer, ask your attorney before responding.
How should you handle business records?
Protect your business during an inquiry:
- Preserve relevant records. Keep documents and electronic files related to the inquiry.
- Do not destroy or conceal records. Under 18 U.S.C. § 1519, knowingly altering, destroying or concealing records with the intent to obstruct a covered federal matter can be a crime.
- Do not pressure employees. Never tell staff to hide facts or give a particular account.
If you receive a subpoena or search warrant, promptly consult a white-collar defense attorney about your obligations and next steps.