Being contacted by federal agents, receiving a subpoena, or learning you are “a subject” or “a target” of an investigation can be frightening—especially for executives, professionals, and business owners with reputations to protect. Here are the most common questions clients ask during initial consultation.
1. “Am I a target, subject, or witness — and what’s the difference?”
Understanding your status is critical. This is the most common question we are asked.
- Witness: You are not suspected of wrongdoing.
- Subject: You are within the scope of the investigation.
- Target: Prosecutors believe there is substantial evidence linking you to a crime.
2. “What should I do if I receive a subpoena?”
Do not ignore it. A subpoena may require:
- Document production
- Electronic data production
- Testimony before a grand jury
An experienced white collar attorney will:
- Evaluate scope and validity
- Negotiate deadlines
- Assess privilege issues
- Control document production strategy
3. “Can I talk to my employees or business partners about this?”
Proceed cautiously. Discuss all options with your attorney first.
Having handled these questions, Ron Herman can advise clients about the risks involved, such as:
- Allegations of witness tampering
- Claims of obstruction of justice
- Creating inconsistent statements
4. “Should I conduct an internal investigation?”
In many cases, yes — but it must be done strategically.
An internal investigation may:
- Clarify exposure
- Identify compliance failures
- Position you for cooperation credit with the prosecutors
5. “What are the potential charges and penalties?”
White collar investigations commonly involve allegations, such as:
- Wire fraud
- Securities fraud
- Tax offenses
- Healthcare fraud
- Bank fraud
- Money laundering
Potential consequences may include:
- Fines
- Asset forfeiture
- Restitution
- Professional license consequences
- Reputational damage
- Prison time
Early intervention can significantly impact outcomes. This is where the real advocacy comes in and hiring the right makes all the difference.
6. “Should I cooperate with the government?”
Cooperation is a strategic decision, not an emotional one. Factors include:
- Strength of evidence
- Role in alleged conduct
- Exposure of others
- Risk tolerance
- Collateral consequences
This decision should only be made after careful evaluation between the white-collar attorney and the client.
Final Thoughts
White collar investigations are complex, strategic, and high-stakes. The earlier experienced counsel becomes involved, the more options typically exist.
If you or your organization are under investigation, understanding your rights — and acting deliberately — is the first step toward protecting your future.
Federal prosecutions move fast, and early action often makes the difference between indictment and resolution.
ABOUT US
We are selective in the types of cases we represent, focusing on white collar offenses, such as financial crimes, patient brokering, and healthcare fraud. Ron Herman is well-known in and out of the legal community as a skilled criminal litigator who is respected by judges, prosecutors, and community leaders. He has extensive experience defending a wide range of business professionals during the investigation phase before criminal charges are filed. Contact us to see how we can work together.