What to Do If You're Being Investigated by the FBI or a Federal Agency

Understanding Your Rights and Protecting Your Future with Help from Hofland & Tomsheck

Receiving a knock at the door from FBI agents. Being served with a federal subpoena. Finding out you've been named in a target letter from a U.S. Attorney's Office. These are not ordinary events. They signal that you may be the focus of a federal criminal investigation—and the decisions you make in the minutes and days that follow could shape the rest of your life.

At Hofland & Tomsheck, we have represented hundreds of clients under federal investigation and understand the stress, confusion, and high stakes involved. Attorney Josh Tomsheck, a nationally Board-Certified Criminal Trial Lawyer, and Jason Carr, a veteran appellate and federal defense attorney, have successfully intervened on behalf of clients in FBI, DEA, ATF, IRS, and Homeland Security investigations—often preventing formal charges from ever being filed.

If you believe you are being investigated by a federal agency, this guide will help you understand what to do immediately, what not to do, and why hiring experienced federal counsel is critical.

Understanding a Federal Criminal Investigation

Unlike state or local cases, federal investigations are usually lengthy, sophisticated, and involve powerful law enforcement agencies such as:

• The Federal Bureau of Investigation (FBI)
• The Drug Enforcement Administration (DEA)
• The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
• The Internal Revenue Service - Criminal Investigation (IRS-CI)
• The Department of Homeland Security (DHS)
• The U.S. Postal Inspection Service

These agencies often spend months—or even years—gathering evidence, conducting surveillance, issuing subpoenas, executing search warrants, or engaging confidential informants before filing charges.

Common Warning Signs You're Under Investigation

Here are a few indications you may be the target (or subject) of a federal investigation:

• You receive a “target letter” from the U.S. Attorney's Office
• Federal agents attempt to question you or your associates
• You are subpoenaed to testify before a grand jury
• Your business records, emails, or phone records are subpoenaed
• You receive a search warrant executed by federal agents
• Friends, employees, or coworkers have been contacted by law enforcement

If any of these apply to you, assume that you are under investigation and do not delay in seeking legal representation.

What Is a Target Letter?

A target letter is a formal notice from the U.S. Department of Justice indicating that the government believes there is substantial evidence linking you to a federal crime. While this may seem like a courtesy, it is a serious red flag. It means that prosecutors are considering seeking an indictment from a grand jury.

Target letters often:

• Inform you of your right to remain silent and have counsel
• Invite you to contact the Assistant U.S. Attorney handling the case
• Offer you the opportunity to “proffer” (cooperate) with the government

Never respond to a target letter or agree to meet with the government without an experienced federal defense lawyer at your side.

What NOT to Do If You're Being Investigated

Your natural instinct may be to “clear things up” by cooperating or answering questions. That is almost always a mistake.

Here's what you should avoid:

• ❌ Talking to Federal Agents Without a Lawyer
  • Even innocent-sounding questions can be traps. Agents are trained to elicit statements that may be used against you later.
• ❌ Deleting Records or Messages
  • Destroying or altering potential evidence can lead to obstruction of justice charges, which carry their own federal penalties.
• ❌ Speaking to Co-Defendants or Witnesses
  • Even casual contact can be misinterpreted as witness tampering or conspiracy.
• ❌ Assuming “They Don't Have Anything”

Federal prosecutors generally wait until they've built a strong case before making a move. By the time you find out, they may already have wiretaps, surveillance, and witness testimony.

What You SHOULD Do Immediately

• ✅ Contact a Federal Criminal Defense Lawyer
  • This is the most important step. You need someone who understands the federal system and can begin intervening on your behalf before charges are filed.
• ✅ Assert Your Right to Remain Silent
  • If approached by agents, politely state that you are invoking your right to remain silent and want to speak with an attorney.
  • Say: “I respectfully decline to answer any questions. I want to speak to my lawyer.”
• ✅ Preserve Records and Evidence
  • Save any documents, communications, or devices relevant to the case. These may help your attorney prepare your defense and protect you from further exposure.
• ✅ Do Not Ignore Any Court Papers
  • If you receive a subpoena or court notice, contact your attorney immediately. Failure to respond properly could result in contempt charges or an arrest warrant.

How Hofland & Tomsheck Can Help You During a Federal Investigation

Our law firm routinely represents clients during the investigation phase—often before an arrest or indictment has occurred. Early legal intervention can make the difference between charges being filed or avoided entirely.

Here's how we help:

🔍 Pre-Indictment Representation

We engage directly with federal prosecutors and agents, acting as a buffer between you and the government. In many cases, we've been able to negotiate declinations to prosecute, civil resolutions, or favorable charging decisions.

🧾 Target Letter and Grand Jury Defense

If you've received a target letter or subpoena, we prepare you for what to expect, negotiate immunity or proffer agreements when appropriate, and advise you on whether to testify or invoke your rights.

🛡️ Internal Investigations

In white collar or corporate cases, we conduct internal investigations to understand the facts before the government acts—helping companies and professionals protect themselves proactively.

⚖️ Full-Service Federal Criminal Defense

If charges are eventually filed, we seamlessly transition to building a full defense, including pretrial motions, negotiations, trial preparation, and, if needed, federal sentencing or appeal.

Why Choose Us?

Attorney Josh Tomsheck is a:

• Nationally Board-Certified Criminal Trial Lawyer
• Former Chief Deputy District Attorney in Clark County, Nevada
• Veteran of over 200 jury trials, including federal trials across multiple jurisdictions
• Known for his strategic pre-indictment advocacy and success in avoiding prosecution for his clients

Attorney Jason Carr is a:

• Veteran federal appellate attorney with numerous published reversals and Circuit decisions
• Skilled in spotting weaknesses in government cases before they result in charges
• Effective in defending clients targeted in complex financial, drug, and internet-based investigations

Together, Josh and Jason have helped clients across the United States avoid federal prison, protect their reputations, and regain control of their lives.

Don't Wait Until You're Indicted—Call Us Now

If you suspect you are under investigation by a federal agency, the time to act is right now. The earlier we are involved, the more options you may have to avoid charges, limit exposure, and protect your rights.

📞 Call Hofland & Tomsheck at (702) 895-6760
📍 Office: 228 S. 4th Street, 1st Floor, Las Vegas, NV 89101
🌐 Visit us at www.NVFederalDefense.com

We serve clients nationwide and can appear in any federal district through pro hac vice admission. Whether you're being investigated by the FBI, DEA, IRS, or any federal agency, our team is ready to help.

You only get one chance to avoid federal charges. Let's make it count.