Not long ago members of the business community were seldom interviewed by a federal criminal investigator, except when the business person or his company was the victim of a crime, or the person was a witness to some event under investigation unrelated to the business. In today’s business climate, conduct that once might have been a normal business transaction may possibly run afoul of federal regulations, which can result in a federal criminal investigation. It is not unusual for such investigations to be referred to a federal grand jury. FBI agents or IRS agents or postal inspectors are often employed to interview subjects (people whose actions are relevant to the investigation) and to serve grand jury subpoenas. This article offers advice on how to deal with a federal agent who approaches an executive or employee of a business entity seeking to conduct an interview or serve a subpoena.
The most common scenario arises when a federal agent arrives unannounced at the office of an operating business, and requests to speak with a specific individual. As explained below, there is a different response required if the agent requests a meeting with a member of management rather than a staff employee. In most cases, the agent will attempt the interview with a very brief description of the subject matter of his inquiry. The agent will not give the person the Miranda warning that the person has the right to remain silent, and that anything said may be held against the person. That warning is only given when a person is in custody.
