If you follow my work, you know I start super early—usually around 4 a.m. I have this goal of accomplishing as much as I can before my kids get up.
When I sat at my desk just after 4 a.m. this morning, I had a text that said:
“Hi. I googled info about my situation and your site came up. I am watching your videos, thanks. Do you have one about what to do if you just got indicted and like what to do next? I think a few people are indicted, but not 100% sure. Can you help?”
I wrote back:
“Hi—thank you for writing. I know this is a difficult and confusing time. Now is the time for due diligence and for making strategic, principled decisions that move you toward the outcome you want. And 17 years into this, I know what outcome you want. It starts by not making things worse—as most people do, including me.
I’ve covered these topics, but I’ll re-film a long video today and send it to you. After you watch it, we’ll have a call and lay out a plan. I know you have a million questions; that’s normal. We’ll work through it together, step by step.
As an aside, I encourage you to spend time on PrisonProfessors.org. Tayana on my team will also send you the Audible version of Earning Freedom.”
That text is why I’m writing this blog.
Because right after an indictment—if you’re honest—your mind goes straight to one question:
“Should I talk? Should I stay silent? Should I cooperate?”
If you’re searching what to do after a federal indictment, you want something you can use today, before you accidentally make things worse.
I’m sharing what I’ve learned from living through it and from years of watching people make avoidable mistakes.
Step One: What to Do After a Federal Indictment Starts With One Goal
Here’s the first thing I tell anyone who asks what to do after a federal indictment:
Your first goal is not “winning.”
Your first goal is not “explaining.”
Your first goal is not “clearing it up.”
Your first goal is not making it worse.
Most people do the opposite. They start talking fast because silence feels like guilt. They text people “involved.” They try to “get ahead of it.” They delete messages.
Those moves don’t help. They create new problems you didn’t have yesterday.
“Should I Talk?” What That Actually Means
When someone asks me what to do after a federal indictment, “talk” can mean several different things.
1) Talking to agents
This is where smart people ruin themselves.
An agent interview is not therapy. It’s not a debate. It’s not your chance to “tell your side.”
It’s an evidence-gathering tool.
2) Talking to the prosecutor (through counsel)
This can be strategic—if it’s controlled. It becomes a disaster when it turns into emotional, open-ended confession without clarity on what you’re admitting or not admitting.
3) Talking in a proffer
A proffer is a specific step. It’s not casual. It’s not improv. It’s often the doorway to cooperation.
4) Talking to probation later
Probation is part of the PSR and sentencing picture. Agents and prosecutors are focused on guilt, scope, leverage, and exposure.
5) Talking to everyone else
Family. Friends. Employees. Group chats. Text threads.
This is the easiest way to create new evidence. Screenshots don’t forget.
So the first question isn’t “should I talk?” It’s: Who am I planning to talk to, and what is the goal?
That’s part of what to do after a federal indictment—defining the decision before you make it.
The “Don’t Make It Worse” Rules I Follow
If you want a practical list of what to do after a federal indictment, start here:
- I do not contact co-defendants or witnesses to “compare stories.”
- I do not send “just checking in” texts to anyone involved.
- I do not delete anything. Not emails. Not texts. Not Signal. Not WhatsApp. Not DMs.
- I do not vent in group chats. Somebody screenshots. Somebody forwards.
- I do not write long explanations to staff or clients. Keep it short and boring.
- I do not start my own “investigation.” No calling people for statements or reassurance.
This is still what to do after a federal indictment: control your behavior so the government doesn’t get new material from you.
Why Talking to Agents Is Usually the Trap
By the time you’re indicted, the government didn’t guess. They charged you because they believe they can prove a story—often with emails, texts, bank records, and witnesses. Sometimes they already have someone cooperating. To learn more watch my interview with FBI Agent Paul Bertrand (yes, he is the one who arrested me.)
So when you walk into an interview thinking, “I’ll explain,” you’re assuming they’re still deciding what happened.
They’re not.
They’re deciding whether you’ll contradict documents, minimize, guess, or expand the scope.
If you’re looking for what to do after a federal indictment in one sentence, here it is:
“I’m represented by counsel. Any communication goes through my lawyer.”
Staying Silent Doesn’t Mean Doing Nothing
A lot of people hear “stay silent” and translate it into “hide.”
Silence—done correctly—means your lawyer gets discovery, you stop creating new facts, you build a timeline, and you decide your lane based on reality.
Silence—done poorly—means you spiral, ghost your lawyer, and keep texting people anyway.
So yes, staying silent can be smart. It just has to be disciplined. That’s part of what to do after a federal indictment.
The Middle Lane People Miss: Negotiate Without Cooperating
Not everyone who pleads cooperates.
Negotiation without cooperation can look like:
- counsel communicates with the government,
- you explore plea terms,
- you limit what you admit,
- you avoid widening the case,
- you avoid casual “let me clear something up” conversations.
If you’re researching what to do after a federal indictment, understand this: negotiation is controlled communication, not a confession session.
Cooperation and the Proffer: The Part People Don’t Understand
If cooperation is even being discussed, you need to understand what a proffer is.
A proffer is typically a meeting with prosecutors (often with agents present) where you provide information under a written agreement. People call it “queen for a day,” but that nickname can make it sound safer than it is.
A proffer can help. A proffer can also destroy leverage if you do it too early or unprepared.
Here’s what matters if you’re searching what to do after a federal indictment and someone mentions a proffer:
A proffer is not casual. A proffer is not improv. A proffer is not where you guess.
If I’m even considering a proffer, I want:
- a written proffer agreement before the meeting,
- serious prep with counsel,
- a clean timeline (names, dates, money, communications),
- clarity on what I know vs. what I’m assuming,
- discipline to say: “I don’t know,” “I don’t recall,” “I need to review records.”
And if you’re at this stage, go deeper with our Proffer Series. We cover every angle of a proffer—what it is, risks, preparation, strategy, and the mistakes people make when they rush.
Where I’d Start Reading: Our Book Prepare (Chapters Are On Our Site)
After I answer “talk vs. silent vs. cooperate,” the next thing people ask is: “Okay—what do I do next week?”
That’s why we wrote Prepare.
We put each chapter up on our site because the early stage of a case is when people make the most expensive mistakes—usually out of panic, not malice.
If you’re serious about what to do after a federal indictment, start reading Prepare on the site. The chapters walk you through the exact questions people ask right after an indictment, including:
- How to hire a lawyer (what to look for, what questions to ask, how to avoid the wrong fit)
- What sentencing mitigation is (what it is, what it isn’t, and why it changes outcomes)
- Preparing for sentencing (how to think ahead instead of waiting for the system to define you)
- And other chapters that deal with the practical realities of getting through a case without making it worse
I’m not saying a book solves your problems. I’m saying: if you’re searching what to do after a federal indictment, the fastest way to calm down is to stop guessing and start learning—chapter by chapter—so your decisions are deliberate, not reactive.
A Simple Framework You Can Use Today
If you’re overwhelmed, use this:
Step 1: Stop making it worse
No deleting. No venting. No “just checking in” texts. No contacting witnesses or co-defendants.
Step 2: Put counsel between you and the government
One channel. One voice. No side conversations.
Step 3: Decide your lane
Fight, negotiate, or cooperate—based on facts, not fear.
Step 4: If “proffer” is on the table, prepare
Do not improvise. Schedule a call to learn what to do next.
FAQs
Should I talk to agents after I’m indicted?
In many cases, talking directly to agents without a controlled strategy creates more risk than benefit. A common baseline is communication through counsel.
What is a proffer?
A proffer is a meeting where you provide information to the government under a written agreement. It’s often the first step toward cooperation. Preparation matters.
Is staying silent the same as doing nothing?
No. Silence is discipline. You stop freelancing while counsel evaluates evidence and options.
Where should I start if I’m new and overwhelmed?
Start with Prepare (chapters are on our site), especially the chapters on hiring a lawyer, sentencing mitigation, and preparing for sentencing. If a proffer is being discussed, go to our Proffer Series.
Final note
If you’re reading this because you were indicted (or you think you might be), you’re probably trying to figure out what to do after a federal indictment while your phone won’t stop buzzing.
That’s normal.
But panic isn’t a plan.
Start by not making it worse. Then choose a lane based on facts. And if “proffer” is being floated, get smart before you talk—our Proffer Series exists for that exact moment, and Prepare will give you a structured starting point so you stop guessing.
Thank you,
Justin Paperny
Justin Paperny (yes, I am writing about myself in the third person!) is an ethics and compliance speaker and founder of White Collar Advice, a national crisis management firm that prepares individuals and companies for government investigations, sentencing, and prison. He is the author of Lessons From Prison, Ethics in Motion, and the upcoming After the Fall. His work has been featured on Dr. Phil, Netflix, CNN, CNBC, Fox News, The Washington Post, and The New York Times.
