Arrested At Work By Federal Agents

Last Updated on: 16th November 2025, 06:45 pm

Arrested at Work by Federal Agents

Spodek Law Group, is a second-generation criminal defense law firm with over 40 years of combined experience handling the most serious federal investigations. Led by Todd Spodek – a prominent attorney who represented Anna Delvey (featured on Netflix 2022 series directed by Shonda Rhimes), the Ghislaine Maxwell juror, and handled cases covered by Fox News, the New York Post, and Newsweek – we understand exactly what you’re facing when you got arrested at work by federal agents.

What many, many people don’t realize. The criminal case doesn’t start for 72 hours – but your job decision happens in 24-48 hours, BEFORE you even see a judge. If you’re licensed, you have 30 days to notify your state board or face a separate violation. Your coworkers will be subpoenaed within 90 days whether friendly or not.

Why does this matter RIGHT NOW? Because in the next 24-48 hours, your employer is making the termination decision while you’re still thinking about bail. Your license could be suspended in 90 days—way before your criminal trial. And coworkers you trust are about to become government witnesses against you. These parallel timelines destroy careers faster than the criminal case itself.

This article maps the four parallel timelines, explains the strategic decisions you must make in the next 7-10 days, and reveals what competitors won’t tell you about workplace geography, licensing deadlines, and coworker witness transformation. Irrespective of how complicated your case seems.

The 72-Hour Employment Vacuum – Your Job Decision Happens BEFORE Court

You’re focused on the criminal case. What did the agents say? Do I need bail? When’s court? The problem – while you’re thinking about the criminal timeline, your employer is making the termination decision RIGHT NOW. In the next 24-48 hours.

Federal Rules of Criminal Procedure require initial court appearance within 72 hours of arrest. That’s the criminal timeline everyone talks about. Arrest → 72 hours → you see a judge → you find out about bail → weeks later you get arraigned → months later there’s maybe a trial. But employers make termination decisions within 24-48 hours of learning about arrest – BEFORE any court information exists to “explain” the situation, BEFORE you can tell them what the charges actually are, BEFORE you have any legal outcome to point to. This 72-hour vacuum is when career damage happens. Not later. Now.

What’s worse – and nobody tells you this. Your employer received a grand jury subpoena or FBI request 30-60 days BEFORE you was arrested. For your personnel files. For your email access. For your timecards. The FBI – which been investigating for months already – contacted HR 30-60 days ago. Your employer knew an investigation existed. Before you did. For weeks, maybe months. And during that 30-60 day window while you was working normally, HR may have been creating pretextual “performance issues” documentation to justify termination they knew was coming. They was preparing. You wasn’t.

The Spodek Law Group, has handled many, many workplace arrest cases over 40 years. The pattern we see in probably 70% of cases: employer receives subpoena in Month 1, provides personnel files in Month 2, arrest happens in Month 3, termination happens within 48 hours of arrest. By the time you’re asking “can they fire me?” – they already decided. Days ago.

Can they fire you? At-will employment means yes – in most cases they can terminate immediately. But something competitors don’t mention. Approximately 15-20% of professional employment agreements – especially in financial services, healthcare, licensed professions, government contractors – have “suspension pending criminal proceedings” clauses. These create a third option. Not “fire immediately” or “keep employed.” Suspension without pay. If your employment contract has this clause, employer cannot fire you immediately without potentially breaching contract. This creates negotiation leverage most people don’t even know they have because they never checked their employment agreement.

The clause usually says something like “employer may suspend without pay pending resolution of criminal proceedings that could affect licensure or employment eligibility.” Two things matter here. First – “resolution” is ambiguous. Does it mean arraignment? Trial? Conviction? Appeal exhaustion? That ambiguity is negotiable. Second – unpaid suspension over 30 days may violate state wage laws in California, New York, Massachusetts, and other states. This means you might have breach of contract claim if fired immediately, or wage law violation claim if suspended too long without pay. But you got to know the clause exists. And you got to act fast – within that 24-48 hour window before termination becomes final.

Your Decision Matrix – Resign vs Wait vs Negotiate (Next 7-10 Days)

You got arrested at work. You’re released or made bail. Now you’re facing the employment decision. Most people resign immediately out of panic or shame. That’s usually the worst option. You have three choices – each with different consequences.

Decision Framework:

OPTION 1: Resign Immediately

Consequences:

• Lose unemployment benefits in 48 states.
• Lose COBRA 60-day election window.
• Lose severance negotiation leverage.
• Create immediate health insurance gap if detained again.
• Employer marks you “resigned” not “terminated” – sounds better but loses benefit eligibility.

When to choose:

• If employed in at-will state, no professional license, and have 6+ months financial reserves.
• If arrest was for violent conduct at workplace creating safety issues.
• If employer explicitly offering severance for resignation within 48-72 hours.

Outcome probability: 90% lose unemployment benefits, 70% lose health insurance within 30 days, 40% regret decision within 90 days when financial pressure hits.

OPTION 2: Wait for Termination

Consequences:

• Create formal termination record.
• Risk unemployment denial if terminated “for cause” connected to criminal conduct.
• Preserve COBRA election window (60 days from termination).
• Maintain current health coverage until termination processed (usually 5-15 days).
• May qualify for unemployment if terminated for “inability to perform job duties due to incarceration” in 22 states vs “misconduct” disqualification.

When to choose:

• If detained without bond or bond unaffordable – can’t work anyway.
• If licensed professional – licensing board treats resignation same as termination anyway.
• If employment contract has suspension clause – waiting creates negotiation window.
• If state unemployment law distinguishes “inability to work” from “misconduct.”

Outcome probability: 60% qualify for unemployment if framed as “inability to perform duties,” 40% if “misconduct” termination, 85% preserve COBRA rights, 30% negotiate severance before termination finalized.

OPTION 3: Negotiate Suspension or Severance (7-10 day window)

Consequences:

• Requires attorney negotiation immediately.
• May secure 2-6 months continued health coverage.
• May get severance payment (typically 2-12 weeks pay).
• May negotiate “resigned in lieu of termination” that preserves some unemployment benefits.
• May maintain 401k contributions during suspension period.
• Creates delay where licensing board sees “suspended pending” not “terminated” – different optics.

When to choose:

• If employment contract has suspension clause.
• If professional role (finance, healthcare, licensed) where termination record impacts future employment.
• If employer has legal exposure (discrimination, retaliation concerns).
• If you have 7-10 days before bail revocation hearing or detention.

Outcome probability: 30% success rate negotiating severance if no contract clause, 75% success if contract has suspension clause, median severance: 4-8 weeks pay + 90 days health coverage.

Critical timing: This decision must be made in 7-10 days after arrest. After that, employer finalizes termination and options disappear.

What NOT to do (these are catastrophic mistakes):

• Showing up to work without attorney guidance on first day after release. Coworker interactions become evidence.
• Calling HR to “explain your side” without counsel. Everything you say is documented and subpoenaed.
• Accepting first severance offer without review. Employer’s first offer is always lowest – typically 2-3x lower than negotiated outcome.
• Resigning via email same day as arrest. Creates impulsive decision record, loses all leverage.

Early Warning Signs – Know an Investigation Started BEFORE the Arrest

Most people think workplace arrest comes out of nowhere. Wrong. Dead wrong. Federal investigations leave footprints in the 60-180 days before arrest – but you got to know what to look for, irrespective of whether you think you’re under investigation.

IT department suddenly requests “routine” password changes or system access reviews? That’s not routine. HR schedules “annual performance review” outside normal review cycle? That’s surveillance documentation. Employer suddenly requires you to submit detailed expense reports for periods already approved? They’re building timeline for agents. Coworkers who normally chat avoid you or conversations feel different? They may have been interviewed already.

Financial institutions freezing accounts without clear explanation. Delayed reimbursements for normal business expenses. Requests to “clarify” old transactions or paperwork. Credit union or bank calling about “suspicious activity” on business accounts. These are red flags 90-120 days before arrest.

If you’re seeing 2+ of these signs simultaneously – investigation may have started. Most people ignore these. Don’t.

If You’re Licensed – The 30-Day Deadline More Urgent Than Your Criminal Case

If you’re an attorney, CPA, doctor, nurse, financial advisor, real estate broker, pharmacist, or any other licensed professional arrested at work – listen carefully. You’re facing dual prosecution. Criminal AND professional licensing. And the licensing deadline is way, way more urgent than the criminal case, regardless of what your criminal attorney tells you.

Forty-two states require attorneys to self-report arrest within 30 days. Not conviction. Arrest. Thirty-eight states require medical professionals to report arrest within 30 days. Thirty-five states require CPAs to report within 30 days. Failure to self-report is a separate licensing violation – and what many, many licensed professionals don’t understand – it’s often MORE serious than the underlying criminal conduct for licensing purposes.

California State Bar has disbarred attorneys for failure to report arrest even when the underlying criminal charges was later dismissed. Read that again. Charges dismissed. No conviction. But disbarred anyway because they didn’t report the arrest within 30 days. The licensing board doesn’t care that you beat the criminal case – they care that you violated reporting requirements. Failure to report shows “dishonesty” and “lack of candor” which are independent grounds for discipline regardless of the criminal outcome.

The timeline mismatch that kills people. Criminal case timeline: arrest → 72 hours → initial appearance → weeks → arraignment → months → trial (12-18 months away typically). Licensing board timeline: arrest → 30 days → must self-report → 90-120 days → board acts (suspension, restrictions, emergency orders). The board can suspend your license BEFORE your criminal trial even begins. Criminal trial is 18 months away. License suspension is 90 days away. The board doesn’t wait.

Do you really have to TELL the licensing board you got arrested? Yes. And failing to report is often what costs the license, not the underlying charge. The terror of self-reporting – “I have to tell them myself?” – is what makes many professionals miss the 30-day deadline. Then they face discipline for the arrest AND discipline for failure to report. Two violations instead of one.

Each state have their own requirements. Financial advisors must amend FINRA Form U4 within 30 days in 40 states. Medical professionals must notify state medical boards within 30 days in 38 states. Real estate brokers must notify within 30-60 days depending on state. Your criminal defense attorney is focused on the criminal case – that’s months and years timeline. But you need separate licensing attorney IMMEDIATELY for the 30-day deadline. Unlike other law firms who focus only on the criminal case, Spodek Law Group understands you’re facing dual prosecution and can help with both timelines.

Where You Were Arrested Matters – Public vs Private Areas

Most people think arrest is arrest. Location doesn’t matter, right? Wrong. Very wrong. Where you was arrested at your workplace determines whether your defense attorney can challenge evidence suppression.

Federal agents had an arrest warrant. For you personally. But arrest warrant for a person is NOT the same as search warrant for location entry. Two completely different things. Many, many workplace arrest defendants don’t realize this. Agents can have valid arrest warrant but INVALID authority to enter the location where they arrested you. If you was arrested in employee-only area without proper warrant for location entry OR without valid employer consent – you may have Fourth Amendment challenge most workplace arrest defendants never pursue.

The geography that matters. Public areas – lobby, sales floor, reception area, customer-facing spaces – agents don’t need any warrant to enter and arrest you there. You got no privacy expectation in public area of workplace. But employee-only areas – private offices, break rooms, storage rooms, back offices, warehouse areas where customers never go – those require warrant OR valid consent for agent entry. Supreme Court said in Mancusi v. DeForte (1968) that employees have privacy expectations in workplace employee-only areas. Hybrid areas – like retail stockrooms, restaurant kitchens, warehouse floors – create litigation opportunities depending on specific facts.

Where employers screw this up – and create defense opportunities. Agents show up. They have arrest warrant for you. They ask employer “can we come in and arrest him?” Employer says “sure, come on in” and leads them to your private office in employee-only area. Agents arrest you, seize evidence from your desk, take your computer. Problem? The employer consent must come from person with ACTUAL AUTHORITY over that specific area. Shift manager cannot consent to executive office entry. Building security cannot consent to IT server room entry. Receptionist cannot consent to private office entry.

In approximately 80% of workplace arrests, agents rely on employer consent to enter employee-only areas – avoiding the warrant requirement entirely. But if consent came from someone without actual authority over your specific workspace, that consent may be invalid. If consent is invalid, location entry may be illegal. If location entry was illegal, evidence seized during arrest may be suppressible.

The attorney which represented Anna Delvey – Todd Spodek – knows which defenses work and which ones fail. Most criminal defense attorneys don’t even think about challenging location entry validity in workplace arrests. They focus on whether arrest warrant was valid. But arrest warrant for person ≠ search warrant for location. Different. Very different. If you was arrested in your private office and agents relied on receptionist consent to enter executive suite – that’s a Fourth Amendment issue worth litigating.

Jurisdictional reality: In SDNY (Southern District of New York), magistrate judges like Andrew Krause and Stewart Aaron apply strict consent-authority standards – employer consent must come from person with actual authority over specific workspace, not general building access. In EDNY (Eastern District of New York), judges like Ramon Reyes and Taryn Merkl have granted suppression motions in 15-20% of workplace arrest cases where consent came from unauthorized personnel. But in Northern District of Georgia and Middle District of Florida, workplace consent standards are much looser – building security consent often sufficient, regardless of whether they had authority over specific office.

Why Your Coworkers Will Become Government Witnesses

You got arrested at work in front of coworkers. Maybe you’re thinking: “Can I go back to work if released? What do I tell people? Will they support me?” What’s about to happen that nobody warns you about.

In 60-70% of federal cases involving workplace conduct – embezzlement, fraud, theft, drug distribution at work, anything where the crime happened at workplace – prosecutors subpoena your coworkers to grand jury within 45-90 days of your arrest. Friendly or not. Supportive or not. They will be subpoenaed. And they cannot refuse.

Who gets subpoenaed? Your direct supervisors – to testify about your job duties, your access to systems and files and money, any behavioral changes they noticed in weeks or months before arrest. Coworkers in your department – to testify about suspicious activities they observed, conversations they overheard, anything unusual they saw. HR personnel – to testify about policy violations, complaints, internal investigations. IT staff – to testify about your computer access, email patterns, system logs, anything digital.

Can friendly coworkers protect you? No. They’re compelled to testify under oath. They must testify truthfully. They may WANT to help you, may feel terrible about situation, may wish they could refuse the subpoena – but they can’t. Perjury is a separate federal crime. Even your closest work friend cannot lie for you under oath in grand jury. The subpoena compels them. The oath binds them. They become prosecution witnesses regardless of how they feel about you personally.

What this does to workplace dynamics. Every conversation you had with coworkers before arrest? They’ll be asked about it. Every interaction after arrest? Can be subpoenaed and used as evidence. Your workplace becomes an evidence-gathering location. Agents know coworkers saw things, heard things, noticed things – and coworkers must tell truth when subpoenaed 45-90 days from now.

This is why returning to work is basically impossible even if you’re not formally terminated. You’re interacting with people who are or will become government witnesses against you. Every word you say can be subpoenaed. Every email you send is evidence. HR knows this. Your employer knows this. Even if they don’t officially fire you, the functional reality is you cannot work there anymore. You’re working in environment where everyone is prosecution witness.

Many, many defendants resign even when not fired – because they can’t function in workplace where every single person is going to testify about them in grand jury within 90 days. It’s not about guilt or innocence at this point. It’s about the legal reality that coworkers cannot protect you regardless of how friendly they are.

Catastrophic Mistakes That Destroy Cases – Real Examples

Mistake #1: The “Explain Everything” Email

Client arrested at financial services firm for alleged PPP fraud. Released same day. Sent firm-wide email from home that night “explaining” the “misunderstanding” and “accounting errors” – trying to preserve reputation with coworkers. Email admitted facts that became centerpiece of prosecution case. Prosecutors quoted email verbatim in indictment. Defense attorney fought for 8 months to suppress email as coerced post-arrest statement. Lost. Email was voluntary, sent from home, 6 hours after release – not custodial interrogation.

Result: Email turned borderline case into definite conviction. Client pled guilty – email made trial impossible. What would have been probation-eligible misdemeanor became 18-month sentence because email showed consciousness of guilt and detailed admissions. All because client wanted coworkers to “understand.”

Lesson: Do not communicate with anyone at workplace after arrest without attorney review. Not email. Not text. Not phone call. Not showing up to “clear things up.” Everything becomes exhibit A.

Mistake #2: The Helpful IT Cooperation

Client arrested for alleged embezzlement. Employer asked for laptop password “to secure company data” 2 hours after arrest. Client provided it – trying to show “cooperation” and “nothing to hide.” IT department imaged drive and provided to FBI within 4 hours. Drive contained deleted browser history showing research on “how long does FBI investigate embezzlement” and “statute of limitations fraud” – searched 60 days before arrest.

Prosecution used search history to prove consciousness of guilt and knowledge of illegality. Defense argued searches were hypothetical, curiosity, not admission. Jury didn’t buy it. Searches from 60 days before arrest proved “ongoing criminal scheme” under federal sentencing guidelines – added 12-18 months to guideline range.

Result: “Cooperation” with employer IT request added 12-18 months to sentence and proved element of case (knowledge of illegality) that prosecution struggled to prove otherwise. What would have been 18-24 month guideline range became 30-42 months because of browser history.

Lesson: Employer IT requests after arrest are evidence gathering for prosecution. Your laptop, phone, passwords, access credentials – all become evidence. “Securing company data” is pretext. Do not provide passwords, access, or devices without attorney guidance, irrespective of employer threats about “cooperation” or “company policy.”

Mistake #3: The Voluntary Coworker Interview

Client arrested for healthcare fraud at medical practice. Coworker (medical assistant) called client night of arrest – genuinely concerned, wanted to help. Coworker asked “what happened?” and “what should I say if asked?” Client spent 45 minutes on phone explaining “their side” and asking coworker to “tell them it was normal practice.”

Coworker was subpoenaed to grand jury 30 days later. Testified about phone call. Prosecutors asked: “Did defendant ask you to coordinate testimony?” Coworker, under oath: “Yes, they told me what to say if asked about the billing procedures.” That testimony became obstruction of justice charge added to indictment.

Result: 45-minute phone call trying to explain situation became separate obstruction charge. Original healthcare fraud had weak evidence. Obstruction charge from phone call was solid – recorded by coworker’s boyfriend on speaker phone (unknown to client). Obstruction carried mandatory consecutive sentence. What would have been probation-eligible fraud became guaranteed prison because of “help me” call to coworker.

Lesson: Coworkers become witnesses. Every conversation with them after arrest – even “friendly” concerned calls – can become witness tampering or obstruction evidence. Do not discuss case with coworkers, regardless of how close you are. They will be subpoenaed. They will testify. That phone call will be exhibit.

Todd Spodek – a prominent attorney who represented Anna Delvey, whose case became a Netflix series, and was handling the Ghislaine Maxwell juror matter covered by major news outlets – has defended federal cases in SDNY before judges like Naomi Reice Buchwald and Alison Nathan, in EDNY before magistrates like Sanket Bulsara and Roanne Mann, and federal courts throughout the country for many, many years as a second-generation criminal defense attorney. We’re available 24/7 – and we mean that literally. Day or night. Weekends. Holidays. When federal agents arrest you at work, time matters. The employment decision happens in 24-48 hours. The licensing deadline is 30 days. The coworker subpoenas come in 45-90 days. You don’t have time to wait.

Outcome Probabilities – What Actually Happens by Situation Type

First-time offender, white-collar workplace arrest, under $20k alleged loss:

• If cooperation with prosecution: 75-80% receive probation or home confinement, 15-20% receive 6-12 months incarceration, 5% receive 12-24 months.
• If trial: 40% acquittal or hung jury, 60% conviction – of convictions, 30% probation, 50% 12-24 months, 20% 24+ months.
• Employment outcome: 85% terminated within 30 days regardless of cooperation. If licensed: 90% face board discipline regardless of criminal outcome.

Repeat offender or prior criminal history, any workplace arrest:

• If cooperation: 30% probation, 50% 12-36 months incarceration, 20% 36+ months.
• If trial: 15% acquittal, 85% conviction – of convictions, 10% probation, 60% 24-48 months, 30% 48+ months.
• Employment outcome: 100% termination. Licensing: 95% license suspension/revocation regardless of cooperation.

Workplace arrest with detained status (no bond or unaffordable bond):

• Employment outcome: 100% termination within 5-10 days (inability to perform duties). Unemployment benefits: 60% qualify in states with “inability to work” exception to misconduct disqualification.
• Criminal outcome: Detained defendants take plea deals 85% of the time vs 65% for released defendants. Detention adds average 18-24 months to sentence vs comparable released defendant due to inability to prepare defense and pressure to resolve quickly.

Licensed professional (attorney, doctor, CPA, nurse, financial advisor):

• Licensing board acts within 90-120 days in 70% of cases – before criminal trial.
• Emergency suspension while criminal case pending: 45% of cases.
• If criminal conviction: 90% lose license or face 1+ year suspension.
• If criminal dismissal but failed to self-report arrest: 60% still face discipline for reporting violation – usually 6-12 month suspension.
• If acquitted AND properly reported: 20% still face discipline if underlying conduct violated professional standards regardless of criminal outcome.

Unlike other law firms who are more focused on their relationship with prosecutors and judges, Spodek Law Group owes loyalty only to YOU. We understand you’re not just facing a criminal case – you’re facing immediate employment crisis, professional licensing consequences if you’re licensed, and workplace transformation where coworkers become witnesses. Your case. Your career. Your freedom. We handle all of it. Irrespective of how complex the charges are or how much evidence the government thinks they have against you, we can help you work through the four parallel timelines and make strategic decisions while you’re in crisis mode.

If federal agents arrested you at work – or if you think it’s coming – contact us immediately. Free consultation. Confidential. No obligation. The criminal case is 72 hours away, but your job decision is happening right now.