If a detective left a business card at your office on Ventura Boulevard, or a federal agent called asking for a “casual conversation,” an investigation may already be underway. In financial investigations, law enforcement may review financial activity, communications, and business records before contacting the person under investigation. The knock on the door or voicemail may not be the beginning of the investigation.
For business owners and professionals in Encino and the San Fernando Valley, learning that you are under investigation can leave you unsure about whether to respond or what investigators already know. Speaking with a criminal defense lawyer before answering questions can help you understand your rights and decide how to proceed.
Why a “Casual Chat” With Investigators Can Carry Serious Consequences
An LAPD detective may want to hear your side of things. An IRS Criminal Investigation agent may describe a conversation as routine. An FBI agent may ask you to come in voluntarily. Regardless of how the request is presented, statements made to investigators may become evidence in an ongoing investigation.
Law enforcement agencies investigate financial offenses ranging from fraud and embezzlement to other alleged financial crimes. When an investigator contacts you, understanding whether you may be a witness, subject, or target can be important.
What Should You Do When Investigators Contact You?
The Fifth Amendment protects against compelled self-incrimination, and invoking your rights is not an admission of guilt. Even truthful statements can create problems when they are misunderstood or considered alongside other evidence.
You can tell investigators that you want to speak with an attorney before answering questions. Once retained, your attorney can notify investigators of the representation and handle communications on your behalf.
What Can a Pre-File Defense Attorney Do in an Encino Investigation?
Most people think of criminal defense as something that begins after an arrest. In a financial investigation, however, an attorney may become involved before prosecutors decide whether to file charges.
You may learn about an investigation through contact from an agent or detective, a search warrant, a subpoena, or another investigative step. Early representation gives your attorney an opportunity to assess the situation before you make decisions about engaging with investigators.
How Can Early Intervention Help?
Depending on the circumstances, a defense attorney may communicate with the prosecutor or investigator, provide relevant financial or accounting records, address misunderstandings, or present information that provides additional context.
In many fraud cases, prosecutors must prove that the defendant acted with fraudulent intent. Evidence showing that questioned activity resulted from legitimate business decisions, accounting mistakes, or reliance on professional advice may therefore be important, depending on the offense and circumstances.
Investigators may already have reviewed account activity, business records, emails, contracts, or witness statements before contacting you. An attorney can assess what they may be examining and determine whether there is an appropriate opportunity to address issues before a charging decision is made.
What to Do During a Search of Your Encino Business or Home
A search warrant executed at your Encino office or home is a serious development, but it does not eliminate your legal rights or potential defenses.
If law enforcement arrives with a search warrant:
- Do not physically interfere with the search.
- Ask to see a copy of the warrant.
- Do not consent to searches beyond what the warrant authorizes.
- Do not volunteer statements about the investigation.
- Contact an attorney as soon as you can.
Remaining calm and avoiding unnecessary statements can help prevent additional complications while a lawyer evaluates the warrant and search.
Digital Records May Be an Important Part of the Search
California’s Electronic Communications Privacy Act generally requires California government entities to obtain a warrant or satisfy another statutory basis before accessing protected electronic information. In financial investigations, emails, accounting files, messages, and other digital records may become important evidence.
A warrant for electronic information may be challenged if it fails applicable legal requirements. If a warrant or search violates those requirements, an attorney may seek to suppress evidence when the law provides a basis for doing so.
Do not destroy, alter, or delete records after learning that you may be under investigation. Preserve potentially relevant information and allow your attorney to determine how it should be handled.
Early Representation Can Matter in a San Fernando Valley Investigation
If you have already spoken with an investigator, that does not mean you have lost the ability to defend yourself. However, contacting an attorney early can provide more opportunity to evaluate the investigation, preserve relevant evidence, and determine how to respond.
Karpel Law Group is an Encino law firm representing individuals facing criminal investigations throughout the San Fernando Valley and Southern California. If you or your business has been contacted by the LAPD, FBI, IRS Criminal Investigation, or another law enforcement agency regarding a financial matter, contact us before responding to requests for information. Our attorneys can review the circumstances, explain your options, and help you determine how to respond.