A Reliable Defense Of Your Freedoms And Best Interests

Attorneys Brendan Hickey and Naomi Chung

Just Because The Government Says It Can, Does Not Make It True

Q: What exactly is a government investigation?

A government investigation is an official review conducted by state or federal agencies to determine whether a person or company broke the law, during which investigators gather documents, interview witnesses and examine evidence to assess potential regulatory or criminal violations.

Q: Can a government investigation be handled quietly through a civil resolution instead of going to criminal court?

Yes, many investigations are resolved through civil resolutions, consent decrees or financial settlements negotiated with agencies before criminal charges are filed, and experienced defense lawyers often pursue these outcomes to stop criminal prosecution and limit exposure.

Q: What is the difference between being a ‘witness,’ a ‘subject’ or a ‘target’ of a government investigation?

A witness is someone who has factual information about a matter but faces no legal risk; a subject is a person whose conduct falls under grand jury or agency review and who may be the focus of inquiries; a target is someone prosecutors believe has strong evidence against them and who faces potential criminal charges; knowing your status helps counsel build the appropriate defense strategy.

Q: How should my company handle internal investigations if we discover potential compliance violations or misconduct?

If you find potential internal violations, hire outside counsel to obtain an unbiased assessment, preserve all electronic files and records, conduct private privileged interviews with staff, and then decide whether to self-report to regulators; these steps help manage risk and position the company to respond effectively if agencies later open investigations.

Government investigations can put a chill on a company or a person. The mere threat of one is often enough to compel a person to comply with a wide range of requests, even when there is no legal obligation to do so.

But government action is highly limited for good reason, and you are entitled to protect your interests. If a government agency sends you a subpoena or sends investigators to your business, you need to take immediate protective action, even if you know without a doubt that you have done nothing illegal.

At Hickey & Chung, LLP, our team leverages over 25 years of combined legal experience on behalf of our clients. In the midst of a federal or state investigation, no matter what regulatory agency is involved, you can rely upon us to stand up for you and your business interests.

Insulate Your Business From Regulatory And Criminal Investigation

At Hickey & Chung, LLP, our attorneys are highly skilled and adaptable advocates. They use decades of knowledge to put a stop to government encroachment, including in investigations involving:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
The Federal Trade Commission (FTC)
The Federal Bureau of Investigation (FBI)
The Securities and Exchange Commission (SEC)
The Department of Labor (DOL)
The Internal Revenue Service (IRS)
Other administrative bodies, both federal and state

Investigatory bodies often seek specific and technical information, and they will go to great lengths to obtain it. In a modern world, both businesses and individuals need to be highly aware of their rights and take active steps to protect themselves, their businesses and their property, including during digital investigations.

When The Consequences Are Civil

One of the most common misconceptions people have is that the police are the way the government implements its will. In reality, law enforcement is a blunt tool, and the government has a very large toolbox.

While many government investigations lead to federal criminal charges and convictions, the vast majority of investigations never lead to criminal conviction. Instead, the subjects of investigation face overwhelmingly oppressive bureaucratic consequences in civil court.

Common consequences that businesses and individuals face during and after a government investigation include strict limitations on their business capacity, ongoing surveillance, fines, injunctions and other serious financial and personal penalties.

Frequently Asked Questions

If you or your business becomes the focus of federal scrutiny, understanding how these inquiries operate can help you prepare a proper response.

What exactly is a government investigation?

A government investigation is an official review by state or federal agencies. They look into cases to see if a person or a company broke the law.

Can a government investigation be handled quietly through a civil resolution instead of going to criminal court?

Yes. Experienced defense lawyers often settle these cases early. They negotiate civil resolutions, consent decrees or financial settlements with agencies to stop criminal charges before they start.

What is the difference between being a ‘witness,’ a ‘subject’ or a ‘target’ of a government investigation?

Federal agencies place people into three groups during an inquiry. Defense lawyers look at legal risk to find out where an individual stands:

Witness: The individual has facts about a case but faces no legal risk right now
Subject: The individual’s choices fall directly under the grand jury or federal review
Target: The individual faces potential criminal charges because prosecutors have strong evidence of wrongdoing

When an individual knows their exact status, an attorney can build the right defense plan.

How should my company handle internal investigations if we discover potential compliance violations or misconduct?

If corporate leaders find illegal behavior inside the company, they must act fast to protect the business. Compliance lawyers suggest a clear, step-by-step plan:

Hire outside counsel to get an unbiased view
Save all electronic files, emails and financial books
Talk to staff in private interviews under legal privilege
Decide if the firm should report the issue to agencies on its own

These steps will help your company manage the crisis before federal agents step in.

You Need To Prepare For A Complicated Legal Situation

Not only do government investigations often involve years of documents and extensive evidence and testimony to sort through, but your legal challenges may need extensive coordination.

In some cases, particularly those surrounding businesses and nonprofits, dozens of lawyers may need to intercede because each party involved, including each employee, may need a representative.

Give yourself every opportunity to succeed by taking prompt and effective action. Call our office in San Francisco today at 415-484-4547 or send us an email to schedule an appointment.