The three ways a federal investigation announces itself are a subpoena, a search warrant, and an agent asking to talk — and they call for different responses. A grand jury subpoena is a demand for testimony or records under Fed. R. Crim. P. 17. A search warrant means a judge has already found probable cause under Rule 41. An informal interview carries the risk in 18 U.S.C. § 1001, where a false statement is itself a felony punishable by up to five years. The most damaging mistakes in a federal case are usually made in the first 48 hours, before anyone is charged.
Federal investigation response — the set of decisions made between learning of a federal investigation and any charging decision — preserving records, controlling who speaks to investigators, assessing exposure, and deciding whether to engage with the prosecutor. It is defense work that happens before, and often instead of, a case.
What did I actually receive?
Start by identifying the instrument, because it dictates the response and the timeline. The three arrive very differently: a subpoena is served and gives you a return date; a warrant is executed on the spot; an interview request is often a phone call that sounds informal and is not.
| What arrived | What it is | Governing rule | The first move |
|---|---|---|---|
| Grand jury subpoena | A command to testify or produce documents and objects | Fed. R. Crim. P. 17 | Calendar the return date, issue a litigation hold, do not narrow the scope yourself |
| Search warrant | A judge has already found probable cause; agents may search now | Fed. R. Crim. P. 41 | Do not consent beyond the warrant, do not obstruct, get the inventory and the warrant copy |
| Agents asking to talk | A voluntary interview — with felony exposure for false answers | 18 U.S.C. § 1001 | Decline to be interviewed until counsel has assessed exposure |
| A civil case or regulator arrives alongside | Parallel proceedings; civil discovery can feed the criminal case | — | Consider a stay before answering discovery or sitting for a deposition |
Each of these has its own page: subpoenas and investigative demands, search warrants, investigators have contacted us, and parallel proceedings.
Should I talk to the agents?
Not before counsel has assessed the exposure. The interview is voluntary, but the consequences of getting it wrong are not: 18 U.S.C. § 1001 makes it a felony to knowingly and willfully make a materially false statement — or use a false writing — in any matter within the jurisdiction of the federal government, punishable by up to five years (eight where the offense involves international or domestic terrorism).
That means an interview can create a charge where none existed. A person with no criminal exposure on the underlying conduct can acquire it in a twenty-minute conversation by misremembering a date or minimizing a fact. Declining an interview is not evidence of guilt and is not obstruction.
It also matters who else is being approached. Employees interviewed individually may create statements attributed to the company, which is why an internal assessment usually runs alongside — see internal investigations.
What must we do about the documents?
Preserve everything, immediately, and put it in writing. 18 U.S.C. § 1519 punishes knowingly altering, destroying, mutilating, concealing, covering up, falsifying or making a false entry in a record or document with the intent to impede, obstruct, or influence an investigation or proper administration of any federal matter — by up to 20 years. It does not require that a proceeding be pending.
Related exposure sits in 18 U.S.C. § 1512, which reaches corruptly persuading another person with intent to cause them to withhold or alter a record, also carrying up to 20 years. Routine document destruction under a retention policy becomes dangerous the moment an investigation is anticipated, so the retention policy must be suspended in writing.
Handled properly, the document response is also the defense: a complete, well-organized production with a defensible collection method is the strongest early signal that the company is not the target of the conduct being investigated.
What if there is a civil case at the same time?
Treat the civil case as part of the criminal problem. In a parallel proceeding, ordinary civil discovery — interrogatories, document requests, and above all a deposition — can produce sworn testimony that the government is free to use. The civil plaintiff’s interests and the prosecutor’s can align without any coordination at all.
The usual response is to seek a stay of the civil case, or to narrow and sequence discovery, while the criminal exposure is resolved. Whether a stay is available depends on the overlap between the two matters and the stage of the criminal investigation, and it is a question to raise before responding to discovery rather than after.
See parallel criminal and civil proceedings.
What this group covers
- Search Warrants — agents at the door with a Rule 41 warrant
- Investigators Have Contacted Us — the first 48 hours, and the § 1001 risk in an informal interview
- Parallel Criminal and Civil Proceedings — when civil discovery threatens to feed the criminal case
Talk to the firm about your case. Call (301) 901-3109 or use the contact page. Every matter is reviewed by Seth B. Waxman before the firm takes it on.
Quick answers
Who
Companies, executives, boards and professionals contacted by federal agents or served with federal process in the District of Columbia.
What
The response to a subpoena, a search warrant, an interview request, or a parallel civil case.
Why
Because the most damaging decisions in a federal case are usually made before charges — in an interview, or with the documents.
When
Immediately. A subpoena return date and a document-preservation obligation both start at once.
Where
The U.S. District Court for the District of Columbia, and the grand jury sitting there.
How
Identify the instrument, hold the documents, control the interviews, then assess exposure before engaging with the prosecutor.
Frequently asked questions
Do I have to talk to a federal agent who shows up?
An interview is voluntary and you may decline it. But if you do speak, 18 U.S.C. § 1001 makes a knowing and willful materially false statement in a matter within federal jurisdiction a felony punishable by up to five years — so the interview itself can create exposure that did not exist before.
What is the difference between a subpoena and a search warrant?
A grand jury subpoena under Fed. R. Crim. P. 17 commands you to produce documents or testify by a return date. A search warrant under Fed. R. Crim. P. 41 means a judge has already found probable cause and agents may search now. The subpoena is negotiable in scope; the warrant is executed on the spot and challenged later.
Can we delete files under our normal retention policy?
Not once an investigation is anticipated. 18 U.S.C. § 1519 punishes knowingly destroying or concealing a record with intent to impede or influence a federal investigation by up to 20 years, and it does not require that a proceeding already be pending. Suspend the retention policy in writing and issue a litigation hold.
Is a grand jury investigation secret?
Grand jury proceedings are governed by secrecy rules in Fed. R. Crim. P. 6(e), which restrict disclosure of matters occurring before the grand jury. That secrecy limits what you will be told about the investigation, which is part of why early assessment matters.
There is a civil lawsuit about the same facts. Does that matter?
Yes, and it often matters more than the criminal case at the outset. Civil discovery can produce sworn testimony and documents the government may use. Consider seeking a stay or sequencing discovery before answering requests or sitting for a deposition.
Where the firm is
Waxman Litigation
5425 Wisconsin Ave Ste 600
Chevy Chase, MD 20815
(301) 901-3109 · View the office on Google Maps
Serving Washington, D.C. and Montgomery County, Maryland. Matters are heard in the Superior Court of the District of Columbia and the United States District Court for the District of Columbia.
Sources and legal authorities
- 18 U.S.C. § 1001 — False statements
- 18 U.S.C. § 1519 — Destruction or falsification of records in federal investigations
- 18 U.S.C. § 1512 — Tampering with a witness, victim, or informant
- 18 U.S.C. § 1505 — Obstruction of proceedings before departments and agencies
- Fed. R. Crim. P. 17 — Subpoena
- Fed. R. Crim. P. 41 — Search and seizure
- Fed. R. Crim. P. 6(e) — Grand jury secrecy
General information about District of Columbia and federal law, not legal advice. Which rule applies depends on the entity, the agreement and the facts. Past results do not guarantee future outcomes.
Part of Washington DC White-Collar Defense.
Talk to the firm about your case. Call (301) 901-3109 or use the contact page. Chevy Chase, Maryland — serving Washington, D.C. and the surrounding metro.