Receiving a call or visit from the FBI or IRS is not just alarming—it’s a clear signal that your business practices, financial transactions, or professional role may be under federal scrutiny. Whether you’re being treated as a suspect, a witness, or something in between, how you respond in those first few moments can shape the entire outcome of the investigation.
At Simmons & Wagner, we’ve seen it all—because we were once Orange County District Attorneys ourselves. We know the tactics federal agencies use to gain information quickly. More importantly, we know how to protect our clients from unintentionally damaging their own case. If you’ve been contacted by the FBI, IRS, or any federal agency regarding business fraud, here’s what you need to know right now.
Step 1: Remain Calm — But Take It Seriously
The initial contact might seem casual. You may receive:
- A phone call requesting a “few questions”
- A surprise visit to your office or home
- A formal subpoena for documents or testimony
- A letter notifying you of a pending investigation
Whether you believe you’ve done anything wrong or not, take every contact from federal agents seriously. The FBI and IRS don’t reach out without a purpose, and they may already have compiled a case—or be gathering information to build one.
Do not assume this will go away on its own.
Step 2: Do Not Speak to Investigators Without Legal Counsel
This cannot be stressed enough: do not answer questions without a defense attorney present.
Agents are trained to gather statements that may later be used against you. Even if you believe you’re just a witness or you’re trying to be helpful, you could say something that’s later misinterpreted—or contradict something you’ve said elsewhere.
Even truthful statements, taken out of context, can damage your credibility or be used to paint a narrative of wrongdoing.
Common Mistakes People Make:
- Assuming they can “explain their way out of it”
- Guessing or speculating under pressure
- Saying “I didn’t do anything wrong” without understanding the full scope of the allegations
Politely but firmly decline to speak until you’ve spoken with your attorney.
Step 3: Contact an Experienced Business Fraud Defense Attorney Immediately
The sooner you have legal representation, the better your chances of avoiding charges—or positioning yourself for a favorable resolution.
At Simmons & Wagner, we understand federal investigations because we’ve been on the other side. As former prosecutors, we know:
- What the government needs to prove
- How agents build white-collar cases
- When to challenge the investigation directly—and when to negotiate strategically
We step in immediately to shield you from further questioning, protect your rights, and assess your exposure. In some cases, we can intervene before charges are filed and prevent a criminal case altogether.
Step 4: Preserve Relevant Documents and Communications
While you should avoid discussing the case with others, you must preserve any potentially relevant documents. Destroying or altering records—even inadvertently—can result in additional charges such as obstruction of justice.
What to preserve:
- Emails, texts, and phone logs
- Contracts, invoices, and financial records
- Communications with clients, investors, or regulators
- Any documents requested in a subpoena or by federal agents
Let your legal team advise you on how to properly secure and review documents for your defense.
Step 5: Avoid Public Statements or Internal Discussions
Talking to coworkers, posting online, or making public statements about the investigation—even if you’re defending yourself—can backfire. These statements may be subpoenaed, recorded, or twisted by prosecutors.
Let your attorneys manage all communications about the investigation—internally and externally.
What Happens Next?
Federal investigations move slowly—often months or even years before formal charges are filed. That’s why the initial stages are so critical. With the right defense strategy, you may be able to:
- Prevent an indictment
- Limit the scope of the investigation
- Negotiate a civil resolution
- Reduce potential charges or penalties
Contact Simmons & Wagner Before It’s Too Late
If the FBI or IRS has contacted you about business fraud, don’t wait to see what happens next. The government is already building its case—now it’s time to build your defense.
At Simmons & Wagner, we bring decades of courtroom experience and a deep understanding of federal prosecution strategy. We are relentless in protecting your rights, reputation, and freedom.
Contact us today for a confidential consultation. We’ve helped countless professionals navigate these high-stakes investigations—and we’re ready to do the same for you.