August 30, 2016 Articles

How to Speak and Not Speak When the Feds Come Calling

A primer for lawyers and their clients on how to handle verbal interactions with law enforcement during a white-collar investigation.

By Solomon L. Wisenberg – August 30, 2016

The dangers for individuals in speaking or clamming up when federal law enforcement agents arrive at the door have never been greater than they are today. This is primarily the result of recent federal cases confirming that silence in the face of noncustodial questioning can be used against you. The following primer is intended to remind practitioners of some basic rules and pitfalls associated with client–law enforcement verbal interactions in the context of white-collar investigations. This article will explore three areas: basic client-agent interactions, questioning in the course of searches, and questioning in the course of grand jury investigations.

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