ADDITIONAL THOUGHTS ON WHAT TO DO IF FACED
WITH A SURPRISE VISIT BY GOVERNMENT AGENTS
If you have been following my blog, you know that I just completed a series of five blogs on the issue of government interviews. Recently, a friend shared with me the advice he had received from his company regarding what a company employee should do if faced with a surprise visit from government agents. I think that the advice given is appropriate, and thought it would be useful to summarize that advice and share it with you. The company’s advice to its employees may be paraphrased as follows:
“You should feel free to talk to government agents if you are contacted and asked to answer questions. You must understand, however, that if you chose to do so, any answers you give in response to questions you are asked by the agents, or any information you provide to them, must be truthful. A deliberate misstatement or material omission to a government agent in the course of an investigation, even if you are not under oath, is a crime that can be punished by a prison term.
You should also recognize that you have the right to refuse to consent to the interview or answer any questions that you are asked by government investigators, or answer questions only after consulting with a lawyer.
Finally, it is important to understand that whether or not you agree to an interview and to answer questions asked by government agents is entirely your own decision. If you chose to do so, your answers must always be truthful, and you cannot deliberately omit material information.
This is good, practical advice, and succinctly explains what your options are when confronted with a surprise visit by government agents.”
Contact Me Now If You Have Questions
If you’d like to learn more, please feel free to reach out to me at (212) 592-1513 or through email at drosenfield@herrick.com. I practice white collar criminal defense and securities and bank regulatory defense in New York, New Jersey and elsewhere, and my contact information is included in the link below.
LINK TO DAVID ROSENFIELD’S CONTACT INFORMATION
David Rosenfield
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