What to Do If You Are Under FBI Investigation
A Guide by Josh Tomsheck and Hofland & Tomsheck
If you find yourself under investigation by the FBI, whether as an individual or as part of a corporation, it is critical to understand the gravity of the situation and take immediate steps to protect yourself. The FBI, one of the leading federal law enforcement agencies, investigates a wide array of federal crimes, including white-collar crimes such as embezzlement, public corruption, cybercrime, extortion, and racketeering. The FBI's jurisdiction spans across multiple federal agencies and is closely tied to the Department of Justice (DOJ). FBI investigations are thorough and can often be lengthy, with agents conducting surveillance, executing search warrants, and collecting evidence for months or even years before you are ever notified.
At Hofland & Tomsheck, we have a highly skilled and experienced legal team, led by Josh Tomsheck, a Nationally Board Certified Criminal Defense Lawyer with a proven track record of successfully defending clients in federal cases. With decades of experience representing clients in Nevada's federal courts, Mr. Tomsheck is also a proud member of the Criminal Justice Act (CJA) panel, a designation granted to attorneys qualified to represent clients in federal criminal cases.
Why Choose Josh Tomsheck and Hofland & Tomsheck?
1. Board Certified Criminal Defense Attorney: Josh Tomsheck is one of the few board-certified criminal defense lawyers in Nevada. This distinction reflects his expertise and his commitment to providing the highest level of legal representation in federal cases.
2. Experienced Federal Team: Our firm is not just staffed by attorneys; we have a team that includes retired law enforcement officers, a former federal public defender with over 150 appearances before the 9th Circuit Court of Appeals, and a retired judge. This unique combination of perspectives ensures that every case is examined thoroughly from all angles.
3. Personalized, Client-Focused Defense: Unlike larger firms where junior attorneys handle most of the legwork, at Hofland & Tomsheck, you will work directly with Josh Tomsheck, a highly experienced attorney who is prepared to take your case to trial if necessary. You will never be passed off to a less experienced associate.
4. Proven Results in Federal Court: Mr. Tomsheck has successfully handled thousands of cases, including those involving FBI investigations. His extensive trial experience and deep understanding of federal court procedures have helped numerous clients avoid convictions, achieve dismissals, and secure favorable outcomes.
What Should You Do If You Are Under FBI Investigation?
When you first learn that you are under FBI investigation, it's natural to feel overwhelmed and concerned about your future. However, the steps you take in the early stages of the investigation are often critical in determining whether or not charges will be filed. Here are some crucial steps you should take:
1. Do Not Speak to the FBI Without Legal Counsel
If FBI agents approach you, it is important to remember that you are under no obligation to speak with them without an attorney present. Even if agents tell you that you are not a target of the investigation or imply that they are only seeking information, anything you say can later be used against you. Allow your attorney to handle all communications with law enforcement.
2. Avoid Discussing the Investigation With Others
Conversations with co-workers, friends, or family members can be risky. These individuals could be called as witnesses, and even casual statements could later be misinterpreted. Limiting discussions to your attorney will ensure that your rights are fully protected.
3. Secure Evidence and Documentation
Do not destroy or alter any records, files, or communications. This can lead to obstruction of justice charges, which are often as serious as the underlying offense being investigated. If you become aware that you are under investigation, cease any automated deletions of emails or files to avoid any inadvertent destruction of relevant information.
4. Stay Off Social Media
FBI agents often monitor social media activity, and anything you post may be used against you. Avoid posting anything that could be misconstrued or that might suggest involvement in a criminal activity, especially if the investigation involves financial or white-collar crimes.
Understanding the FBI's Investigation Process
FBI investigations are methodical and comprehensive. In many cases, the agency has been collecting evidence long before you are ever contacted. This means they may already have significant information from surveillance, wiretaps, or subpoenas of your bank or communication records. When they finally contact you, it is often because they are preparing to move forward with charges or are seeking final pieces of evidence to strengthen their case.
Common Signs You Are Under FBI Investigation:
- You receive a target letter or grand jury subpoena from the Department of Justice.
- You are approached by an FBI agent, either at your home or place of business.
- Your business partners, employees, or others inform you that they were interviewed by federal agents.
- A search warrant is executed at your home or office.
How We Can Help You
At Hofland & Tomsheck, we understand that facing an FBI investigation is a life-altering experience. Josh Tomsheck and his team have extensive experience defending clients against federal criminal charges. We work tirelessly to protect our clients' rights, reputations, and futures by intervening early in the investigation process and crafting a defense strategy tailored to each client's unique circumstances. Our approach is based on decades of experience, a thorough understanding of federal laws, and access to experts who can assist in every aspect of your defense.
Our Areas of Expertise Include:
- White-Collar Crimes: We defend individuals and corporations facing charges such as embezzlement, extortion, public corruption, and fraud.
- Cybercrime: We handle cases involving data breaches, identity theft, and other forms of cybercrime that are increasingly targeted by the FBI.
- Racketeering and RICO: Our team has defended complex cases involving allegations of racketeering and organized crime.
- Drug Offenses and Terrorism-Related Charges: We provide robust defense in cases involving narcotics trafficking and other federal-level criminal accusations.
Contact Us Today for a Free Consultation
If you are under investigation by the FBI or any other federal agency, time is of the essence. Contact Josh Tomsheck at Hofland & Tomsheck for a free consultation. Our experienced legal team is available to answer your questions and provide guidance on the best way to protect your future. Call us today at 702-895-6760 to get the legal help you need from one of Nevada's most respected federal criminal defense teams.