Criminal Defense Lawyers

NYC FBI Investigations Lawyers

NYC FBI Investigations Lawyers

Welcome to Spodek Law Group. We believe everyone deserves a fair shot when facing federal investigations, and our goal is to give you the information you need before you make decisions that can’t be undone. Here’s something most people don’t realize until it’s too late: the FBI interview that feels like your chance to finally explain yourself is often the last move in an investigation that’s been running for months. They already have the documents. They already interviewed your coworkers. They already know the answers to the questions they’re about to ask you. The interview isn’t fact-finding. It’s testing whether you’ll lie.

Under 18 USC 1001, making a false statement to a federal agent is a felony. Up to five years in prison. You don’t have to be under oath. You don’t have to sign anything. A casual conversation on your front porch counts. And here’s the part that destroys people: you can be completely innocent of whatever they’re investigating and still go to prison for how you answered questions about it. The interview becomes the crime.

At Spodek Law Group, Todd Spodek and our federal defense team have represented clients across Manhattan, Brooklyn, and throughout the Southern and Eastern Districts of New York in FBI investigations ranging from white-collar fraud to public corruption to national security matters. We’ve seen what happens when people talk before calling us. We’ve also seen what happens when they call first. The difference is everything.

The 5-Year Sentence You Create in the First 10 Minutes

Lets talk about what actualy happens when FBI agents show up. They knock on your door early in the morning, maybe 6 AM, when your groggy and off-balance. They flash badges. They say there just following up on something, it’ll only take a few minutes. They seem friendly. Reasonable. There trained to seem that way.

Federal agents can deceive you. They can lie to you. They can trick you. They can tell you your just a witness when your actualy a target. They can promise things they have no authority to deliver. This isnt speculation – its part of there training. The friendly demeanor is a tactic. The “just a few questions” line is a tactic. Everything is designed to get you talking before you realize the danger your in.

And heres were it gets dangerous. Under 18 USC 1001, any materially false statement to a federal agent is a crime. The statute dosent require intent to deceive in the way most people understand it. If you say something that turns out to be inaccurate – becuase you misremembered a date, becuase you were nervous, becuase you genuinly forgot – and the government can prove you should have known better, thats a federal felony. Five years maximum. $250,000 fine. And if the false statement relates to terrorism or certain other offenses, the maximum jumps to eight years.

The Supreme Court made this worse in 1998. In Brogan v. United States, the Court eliminated what was called the “exculpatory no” doctrine. Before Brogan, simply denying guilt – saying “No, I didnt do it” – had some protection. The Court killed that. Now, if an agent asks whether you committed a crime and you say “No,” and that denial is false, youve violated 18 USC 1001. Heres the terrifying part – theres no safe way to deny guilt anymore. Your only options are silence or truth. And most people, when surprised by FBI agents at 6 AM, dont have the presence of mind to choose silence. There completly unprepared for what there walking into.

What the FD-302 Does to Your Words

Heres something that should genuinly disturb you. The FBI dosent record interviews. Despite the fact that every smartphone can record audio, despite the fact that police body cameras are now standard, the FBI’s default practice is to not record interviews with subjects and witnesses. Instead, agents take notes during the conversation, and then – sometimes hours later, sometimes days later – they write a summary called an FD-302.

That summary becomes evidence. Not your words. Their interpretation of your words. Written in their language, not yours, reflecting their memory of what you said. If you said “I think” or “I’m not sure” and the agent’s summary says you made a definative statement, your honest confusion now looks like a deliberate lie. If you said something slightly differant than what the 302 reflects, and you later testify to what you actualy said, you look like your changing your story. The 302 basicly controls the narrative.

Critics have called this system “institutionalized perjury.” That’s not hyperbole. When there’s no recording, there’s no objective record. It’s your word against the agent’s. And heres the kicker – in federal court, the agent’s word almost always wins. Judge Amy Berman Jackson expressed frustration during the Manafort case about having to rely on FBI 302 memos rather than actual testimony. She didnt know what to make of accusations that Manafort had lied becuase all she had was an agent’s summary, not a transcript.

The Flynn case made this even more troubling. The 302 from Michael Flynn’s interview wasnt completed until three weeks after the interview. It went through what the government later acknowledged were “major revisions and edits.” The agents who conducted the interview told supervisors they didnt think Flynn had lied. But the 302 said something different. And the 302 is what mattered.

The People Who Went to Prison for the Interview, Not the Crime

Martha Stewart built a media empire. In 2001, she sold 3,928 shares of ImClone Systems stock the day before the FDA announced it would reject the company’s cancer drug application. The SEC investigated. The FBI interviewed her. She denied having inside information about the FDA decision.

The government charged her with securities fraud, obstruction of justice, and making false statements. At trial, the securities fraud charge was dismissed. The jury found her not guilty on several other charges. But she was convicted of lying to federal investigators about the stock sale. The interview became the crime. She went to prison for five months.

Michael Flynn served as National Security Advisor for 24 days. The FBI interviewed him about conversations he’d had with the Russian ambassador. He was not charged with any crime related to those conversations. There was no underlying offense. But he pleaded guilty to making false statements during the FBI interview. The investigation into Russian interference produced a conviction for lying about the investigation, not for any conduct being investigated.

Rod Blagojevich. Scooter Libby. Jeffrey Skilling. The pattern repeats. Defendants who might have beaten the underlying charges – or who were never going to be charged with underlying conduct at all – go to prison for what they said during interviews with federal agents.

18 Months of Investigation Before They Knocked

By the time FBI agents request to speak with you, the investigation has typicaly been running for months. Often years. They have already gathered documents through subpoenas and search warrants. They have already interviewed your colleagues, your employees, your business partners. They have already built their theory of the case. OK so let that sink in – they have already decided what they think happened.

The interview isn’t the beginning of their investigation. It’s often near the end. They’re not trying to figure out what happened. They’re testing whether your version matches the evidence they already have. Look, if it dosent match, your either lying or confused. Either way, you’re now in worse shape than before you opened your mouth.

OK so think about what this means practicaly. The agents have spent months preparing for this conversation. They know every document, every email, every witness statement. You have seconds to respond to questions about events that may have occured years ago. You might not even remember the meeting there asking about. But heres the thing – if your answer differs from an email you sent three years ago – an email you forgot existed – youve now made a statement that could be charecterized as false.

The USSC data for the Southern District of New York shows that 98% of federal defendants plead guilty. Only 2% go to trial. This isn’t because everyone is guilty. It’s because by the time federal prosecutors charge someone, they’ve already spent 18 months building an essentially airtight case. They only bring charges when conviction is nearly certain. The cases they think might be close don’t get charged. SDNY has what defense attorneys call a “no lose” culture. They fight battles they expect to win. If they’ve charged you, they’ve already concluded you’re going to be convicted.

“Your Just a Witness” and Other Things They Tell You

Federal investigations classify people in three categories: witness, subject, and target. A witness is someone the government believes has relevant information but hasn’t committed a crime. A subject is someone whose conduct is within the scope of the investigation. A target is someone the government believes is likely to be charged.

Heres what you need to understand about these classifications: they mean nothing. There not binding. They can change at any moment. The government is under no obligation to tell you the truth about your status. Investigators may say your just a witness when your actualy a target. This is described in the training materials as a tactic to get incriminating statements.

You can be a witness in the morning and a target by afternoon. Something you say during a “witness” interview can shift you into subject status. Something else can shift you into target status. And the government doesn’t have to tell you when that shift happens. By the time you find out you’re a target, you may have already given them everything they need to convict you.

The DOJ’s own handbook defines these categories, but it also makes clear they’re advisory. Prosecutors are not required by any law to inform you of your actual status. The classification represents nothing more than the government’s view at that particular moment based on the information available. As new information comes in – including information you provide during the interview – that view changes.

The Queen for a Day Trap

Sometimes the government offers what’s called a proffer session, or a “Queen for a Day” agreement. The idea sounds appealing. You agree to meet with prosecutors and agents, provide information about the alleged conduct, and in exchange, they agree not to use your statements directly against you. It feels like protection. It’s not.

The protection is much narrower than most people realize. Proffer agreements prevent the government from using your exact statements as evidence at trial. But they don’t prevent derivative use. That means if you tell them something they didn’t know – a witness they weren’t aware of, a document they hadn’t found – they can use that information to discover new evidence. And that newly discovered evidence is fully admissible against you.

Your own words can lead prosecutors to the witness who convicts you. Your “protected” statements can point them toward the smoking gun they couldn’t find on their own. The proffer gave you the illusion of safety while actually expanding the evidence available for your prosecution.

Theres also the inconsistancy problem. During a proffer, your stressed, scared, and trying to remember events that might have happened years earlier. You might misremember dates. You might confuse the sequence of events. You might make honest mistakes. Later, when the government develops additional evidence, your mistakes become “lies” that destory your credibility. And if the government decides you lied during the proffer, the agreement is voided entireley. Now they can use everything you said.

What Actually Happens When FBI Contacts Someone in New York

In the Southern District of New York, FBI agents typically work in coordination with the US Attorney’s office. Investigations are often initiated based on referrals from other agencies, suspicious activity reports from financial institutions, whistleblower complaints, or ongoing monitoring of specific industries. The Public Corruption Unit partners with the FBI on cases involving government officials. The National Security Unit works with the Joint Terrorism Task Force.

Initial contact with subjects usually comes in one of several forms. Agents may appear at a residence or workplace for what is called a “knock and talk” – an unscheduled visit designed to catch the person off-balance. Alternatively, contact may come through a phone call or a formal letter requesting an interview. Grand jury subpoenas may require document production or testimony.

The timing of contact varies. In some cases, agents reach out early in the investigation to gather information. In others, the interview comes late, after extensive document review and witness interviews. There is no requirement that agents disclose where the investigation stands or what evidence has been gathered.

Defendants in SDNY federal cases face prosecutors from an office that has handled some of the highest-profile cases in American history. Names like Preet Bharara, Rudy Giuliani, and James Comey built careers there. The office is sometimes called the “Sovereign District of New York” because of its reputation for independence and willingness to pursue difficult cases. Conviction rates remain among the highest in the country.

What You Should Actually Do When FBI Contacts You

Here’s the script that works. When agents show up at your door, say exactly this: “I understand you’re doing your job, but I’m not comfortable answering questions without speaking to an attorney first. I’m happy to have my lawyer contact you to arrange an interview if that’s appropriate. May I have your card?” That’s it. Nothing more. Don’t explain why. Don’t apologize. Don’t answer “just a few quick questions” to be polite.

This statement accomplishes several things. It asserts your constitutional rights without being confrontational. It shows your not refusing to cooperate – your asking for the process to go through proper channels. And it gets you out of the conversation before you can say something that becomes a federal crime. FBI agents know exactley what this statement means. They know your sophisticated enough to understand the danger. They will not hold it against you, becuase they cannot legaly hold it against you.

What happens next depends on the investigation. The agents may leave their cards and ask you to have your attorney contact them. They may say they’ll be back with a grand jury subpoena. They may say nothing and simply leave. All of these outcomes are better than the alternative, which is talking without a lawyer and creating new crimes in the process.

If you’ve already talked to agents – if you found this article after the interview instead of before – call a lawyer immediately. Don’t try to figure out whether you said anything wrong. Don’t convince yourself it was fine because you told the truth. The 302 hasn’t been written yet. The investigation is still developing. There may still be ways to mitigate the damage, but only if you stop talking and start getting proper legal advice.

Do not destroy documents. Do not delete emails. Do not throw away your phone. Obstruction of justice carries penalties far worse than most underlying crimes. Once you know an investigation exists, anything you do to hide evidence becomes a separate federal offense. The cover-up is always worse than the crime.

Why This Matters More in New York Than Anywhere Else

New York has two federal districts – the Southern District (SDNY) and the Eastern District (EDNY). Both are among the busiest and most aggressive prosecutor’s offices in the country. SDNY in particular has a reputation that extends far beyond New York. It has prosecuted Wall Street executives, international terrorists, organized crime figures, and sitting politicians. The office operates with unusual independence from main Justice in Washington. It takes on cases other districts won’t touch.

If you’re facing an FBI investigation in New York, you’re facing prosecutors who have resources most districts can only dream about. You’re facing a culture that prides itself on never losing. You’re facing attorneys who have spent their careers building exactly this kind of case. The 98% conviction rate isn’t an accident. It’s the result of an office that only charges cases it knows it will win.

This makes early intervention even more critical. By the time SDNY charges you, the case is essentially over. The investigation that leads to charges is the part you might actually be able to influence. The decisions you make during that investigation – starting with whether to talk to FBI agents without a lawyer – will determine everything that follows.

The Only Thing That Stops This

Call a lawyer before you say another word. Not after the interview. Not after you’ve “cleared things up.” Before. Spodek Law Group: 212-300-5196.

You have the constitutional right to remain silent. You have the right to an attorney. Exercising those rights is not obstruction. It is not evidence of guilt. It is the only protection that actually works.