When facing charges in a federal crime, state, or local criminal case, it’s important to understand the various tools federal prosecutors, the U.S. Attorney’s Office, or a district attorney may use to bring charges against individuals. One such tool is Criminal Information in government investigations. Unlike a criminal complaint or an indictment, criminal information often indicates a more collaborative process between the accused and the United States government—particularly when federal agencies (such as the Federal Bureau of Investigation, Securities and Exchange Commission, or the Department of Justice) are involved.
I’m Justin Paperny, and I’ve seen how understanding the nuances of charging instruments can help people navigate the federal criminal justice process more effectively. In this article, we’ll explore what criminal information is, when it’s used, and how it differs from other charging instruments within the federal, state, or local agency framework.
What Is Criminal Information in Government Investigations?
A criminal information is a formal charging document filed by a prosecutor outlining the specific offenses an individual is accused of committing. It is used in cases where the defendant waives their constitutional right to have charges presented to a Federal Grand Jury.
Key Characteristics:
- Formal Charges: A criminal information lists the charges and describes the factual basis for those charges. This could include white-collar crimes such as money laundering, securities fraud, or public corruption—all of which may fall under the purview of the Department of Justice.
- No Grand Jury: Unlike an indictment, criminal information does not require the involvement of a grand jury or a grand jury subpoena. This sometimes expedites the criminal prosecution process.
- Defendant’s Waiver: The accused must voluntarily waive their right to a grand jury indictment before a criminal information can be filed.
When Is a Criminal Information Used?
Prosecutors, including federal law enforcement agents and federal criminal lawyers working with the Attorney General or local law enforcement agencies, typically use a criminal information in cases where:
- Cooperation or Plea Agreements Are in Place
A Criminal information is often used when the defendant and the government officials are working toward a plea agreement. It allows for a more expedited process without the need for grand jury proceedings.Example: A business executive accused of fraud or false statements (potentially investigated by the Federal Bureau or an inspector general) may agree to plead guilty to specific charges outlined in the criminal information in exchange for leniency in sentencing. This is common in white-collar crimes, where the defendant may also face other civil investigations or civil enforcement actions by a regulatory agency like the Securities and Exchange Commission (SEC) or Federal Trade Commission. (I had SEC issues). - Expedited Proceedings Are Necessary
In criminal matters where both parties want to move quickly, filing criminal information can streamline the process. Example: A defendant cooperating with law enforcement authorities may prefer to resolve the matter promptly to minimize legal issues, reduce public interest or media scrutiny, and control business operations disruptions. - Avoiding Grand Jury Uncertainty
For the federal government or investigating agency (such as the Drug Enforcement Administration or the Federal Bureau of Investigation), using a criminal information eliminates the need to convene a Federal Grand Jury, which might decline to issue an indictment if it deems there is not sufficient evidence or probable cause.
How Does a Criminal Information Differ from Other Instruments?

Benefits of a Criminal Information
For Defendants:
- Potential Leniency
Agreeing to charges via a criminal information can demonstrate accountability and cooperation, factors that judges—and federal authorities—may consider favorably during sentencing. This could reduce the likelihood of a lengthy prison sentence. - Greater Predictability
By avoiding a grand jury, defendants have more control over the process, as plea negotiations can happen directly with federal prosecutors or the local agency. This can lead to more transparent discussions around charges like public corruption, money laundering, or securities fraud. - Expedited Resolution
Resolving charges through a criminal information often shortens the timeline, reducing stress, legal expenses, and criminal liability exposure. This was the case with me.
For Prosecutors:
- Efficiency
Filing a criminal information saves time and resources compared to presenting sensitive information to a Federal Grand Jury. This is often a first step before further court cases or criminal proceedings unfold. - Certainty
A defendant’s waiver ensures the case moves forward without the uncertainty of a grand jury’s decision, which additional information, relevant documents, and potential witnesses can influence.
Risks of a Criminal Information
While a criminal information can offer advantages, there are risks to consider:
- Waiving Constitutional Rights
By waiving the right to a grand jury, the defendant forfeits an opportunity to challenge the government’s ability to prove substantial evidence of criminal activity before formal charges are initiated. This can be critical, especially in complex federal cases. - Limited Bargaining Power
Agreeing to a criminal information often means the defendant has less leverage to negotiate further reductions in charges or penalties later. Once the court order is in place, the negotiation window may narrow, and outside counsel or a federal criminal defense attorney might have fewer options to mitigate consequences. - Public Perception
Although it avoids grand jury proceedings, the charges outlined in a criminal information are still a matter of public record (often accessible through an official government organization or official website). This can impact personal reputation, family member relationships, and business operations.
A Real Story: Rachel’s Experience with a Criminal Information
Authorities accused Rachel, a CFO for a mid-sized company, of white-collar crimes by falsifying financial statements to secure a loan. When federal investigators approached her, Rachel’s attorney advised her to cooperate and negotiate a resolution. Instead of waiting for a potential indictment, Rachel agreed to waive her right to a grand jury. The prosecutor filed a criminal information outlining the charges, which included wire fraud and false statements.
Rachel’s decision to cooperate allowed her to:
- Negotiate a plea agreement with reduced charges.
- Avoid the uncertainty and potential escalation of a grand jury indictment.
- Demonstrate accountability by agreeing to restitution for affected parties.
Although Rachel faced penalties, including probation and fines, her proactive approach helped her avoid harsher consequences, such as a lengthy prison sentence. However, it’s a decision that requires careful consideration and the guidance of an experienced attorney.
Why Early Action Matters
Choosing to resolve charges through a criminal information can help mitigate risks and demonstrate accountability. However, it’s a decision that requires careful consideration and the legal counsel of an experienced attorney.
Early actions—such as consulting a federal criminal lawyer, examining your criminal history, and exploring legal guidance—can shape your defense strategy, especially in complex federal investigations or internal investigation scenarios. Taking immediate steps can also affect potential outcomes if federal law enforcement agents decide to escalate the investigation to a full federal court proceeding or file a target letter.
Next Steps
In the next article, we’ll explore criminal indictments, including the grand jury process and why resolving matters before an indictment can be beneficial. This can be particularly important if your case involves public corruption, violent crime, or other high-stakes charges subject to intense federal authorities scrutiny.
If you’re navigating a government investigation or facing charges:
- Consult an attorney to assess your options and potential outcomes. This may include discussing how the Privacy Act, False Claims Act, or even the Foreign Extortion Prevention Act could be relevant.
- Understand the implications of waiving your right to a grand jury and how it may affect your chances of a Speedy Trial or your exposure to criminal convictions.
- Join our next webinar or schedule a private Free Consultation to get tailored advice and useful information about your specific criminal matters, whether they involve regulatory agencies or law enforcement officers.
- Call or text us at 949-799-3277 to speak to a Mitigation Expert immediately.
Remember: Taking the first step—whether seeking legal advice, gathering relevant information, or engaging in timely defense counsel planning—can make a significant difference in resolving federal criminal or civil enforcement actions in a manner that puts you in a position to get the best outcome possible. The sooner you start preparing, like anything else, the better.
Justin Paperny