If you think you may be facing a criminal or government investigation, it’s understandable to feel anxious. Perhaps you’re concerned about a federal raid, or you’re unsure of how to respond if FBI agents come knocking on your door. Worries about being charged With a crime during a federal investigation can be overwhelming, but there is a best way to confront these fears: learn everything you can about the legal process and prepare a mitigation and defense strategy before formal charges arise.
I’m Justin Paperny, and I remember the fear I felt when FBI agents showed up at my home in April 28th 2005. I couldn’t think clearly. You may feel the same:
- Can I fix this?
- Is it possible to cover my tracks?
- Can I do anything to make sure no one finds out?
I’m not a lawyer, but I share insights from my personal experience and from working with more than 1,000 people who’ve traveled this road. One lesson stands out: when you try to hide criminal activity by destroying physical evidence or misleading law enforcement officials, you may obstruct justice—making your situation far worse.
Dan’s Mistake: A Real Story
Dan had an MBA, a great job, and a life that looked perfect from the outside. However, his company tied bonuses to quarterly performance, and Dan understood that his compensation could suffer when the business started missing targets.
To meet or exceed expectations, Dan started manipulating financial statements. He shifted revenue from future quarters into the present and buried expenses if he thought others wouldn’t notice.
At first, his manipulations seemed to succeed. The scheme duped his bosses into thinking that his division was doing well, and they were thrilled. The bonuses rolled in. Dan deceived himself into believing he could fix everything once the company got back on track.
Unfortunately, the compliance department noticed irregularities and called Dan into a meeting to discuss some discrepancies in his reports.
Dan had a chance to come clean. He could have admitted what happened and taken steps to correct the fraud and deception. Instead, he panicked, as so many do.
Instead of admitting wrongdoing, Dan shredded documents, altered records, and asked his team to backdate approvals. He thought he was covering his tracks, but essentially, he gave prosecutors evidence of obstructing justice.
The compliance department at his company had a different objective. Compliance managers wanted to protect the company, not Dan. They began compiling evidence behind the scenes, bringing in outside auditors to demonstrate their commitment to operating with integrity, and self-reporting to government investigators to protect the company.
While Dan tried to hide his crime, the company went into self-preservation mode, doing the right thing.
By the time Dan realized the magnitude of the problems he had faced, he couldn’t unwind.
As a result of actions, Dan faced multiple criminal offenses—including financial fraud and obstruction—because he doubled down on deception, attempted to destroy evidence, and manipulated others into covering up his crime. He exposed himself to additional charges and a more severe sentence. The company’s law enforcement agencies contacts, federal investigators, and outside auditors compiled a solid case against him. Authorities filed formal charges, and Dan ended up with a longer prison sentence than he would have received if he’d come clean.
He would eventually tell me, “I handed them my case. It was not hard for them to undue what I did and tried to cover up. I made a bad situation really bad. It seems so obvious in retrospect.”
What Went Wrong for Dan?
- Destruction of Physical Evidence: When government investigators see someone intentionally destroy or hide key records, they often consider this proof of a criminal mindset—not a one-time mistake.
- Undermining Credibility: Pressuring others to lie or manipulate data leaves a paper trail and further exposes you to scrutiny by federal agents and the DOJ.
- Obstruction of Justice Charges: Even if there isn’t enough proof to convict someone of an original criminal offense, prosecutors can bring a separate obstruction charge—or argue for an aggravating factor in sentencing.
How Prosecutors Use Obstruction to Build Their Case
Prosecutors and judges consider obstruction of justice a serious crime. It undermines their work, and people who get charged with obstruction as a crime or a sentencing enhancement should anticipate a more severe sentence.
When a person destroys evidence, alters records, or pressures others to lie, they show intent. That action shows that their crime wasn’t a one-time aberration. Rather, the person has a criminal mindset, giving the government more tools to secure a conviction and argue for a stiffer sentence.
- Obstruction as a Separate Charge: Prosecutors can charge obstruction of justice as a standalone offense, even if they don’t have enough evidence to prove the original crime. In Dan’s case, his attempts to shred documents and falsify records gave investigators a new angle to pursue.
- Aggravating Factor in Sentencing: Judges consider an obstruction charge as a direct assault, undermining investigations, wasting additional time and resources. The crime of obstruction shows that a person wasn’t willing to accept responsibility. It suggests that the person is not worthy of leniency. A longer sentence will follow.
- Erosion of Credibility: When you try to cover up, you lose the chance to establish credibility with investigators, prosecutors, and judges. Prosecutors will argue that your actions show intent to deceive, which makes it harder to present yourself as someone who deserves leniency.
Dan’s decisions strengthened the government’s case against him, which influenced a much longer sentence than he otherwise would have received.
Why People Try to Cover Up
Dan isn’t alone. Many people react the same way when they realize they’ve done something wrong and realize they might be under investigation for Drug Crimes, Violent Crimes, Sex Crimes, Domestic Violence, or even Drug Trafficking. Here’s why:
- Fear: They fear losing their career, income, or reputation. Such fears push them into making rash decisions.
- Denial: It’s easier for people to deceive themselves by saying, “This will blow over.” They don’t want to face the consequences head-on.
- Ego: Admitting to wrongdoing feels like failure. Who likes failure? Some people convince themselves that they can outsmart the system.
- Pressure: External pressures—like maintaining a lifestyle or meeting expectations—can make people feel trapped.
Dan’s experience to countless others, many panic and fear losing their livelihood and reputation or can’t bear the thought of failure. But the best course of action is to confront the problem head-on.
From experience, I can say that an attempt to cover up a crime doesn’t achieve the intended result; it actually makes the situation worse.
Lisa’s Story: A Better Way
Let’s look at Lisa, an executive who faced a similar challenge.
Lisa was a small business owner. After her previous accountant parted ways with her, citing concerns over irregularities, Lisa hired a new accountant. The new accountant quickly flagged that she had failed to pay over $200,000 in quarterly payroll taxes. Further, for longer than 18 months, she had committed other crimes, such as improperly claiming personal expenses as business deductions.
Lisa found herself under scrutiny for unpaid payroll taxes and other criminal activity (like wrongly listing personal expenses as business deductions). Her experienced criminal defense attorney and new accountant warned her about potential criminal proceedings if she didn’t fix the problem.
Rather than ignore the warnings or try to hide the problem by obstructing law enforcement officers, Lisa stopped the questionable practices that could have led to her being charged with a crime. She started cooperating with her tax attorney and opened conversations with the IRS (CID) civil investigators to resolve the issue without a criminal charge.
To demonstrate accountability, Lisa refinanced her home to pay back as much of her taxes as possible and refiled her tax returns to correct the improper deductions. While she couldn’t pay the full amount owed immediately, she arranged a payment plan with the IRS to settle the remaining balance through civil proceedings.
Lisa’s proactive approach demonstrated accountability and awareness. She cooperated with investigators and fixed the problems before the civil investigators referred the matter to the criminal investigation division of the IRS (CID). Because of her honesty and efforts to make things right, Lisa avoided federal cases and formal charges.
Not everyone who responds like Lisa will avoid criminal charges. We’ll offer other articles to provide additional examples. In our experience, we think that people who accept responsibility face less severe repercussions. We cannot change the past, but we can always sow seeds for a better future.
Key Takeaways from Lisa’s Approach
- Accept Responsibility: Lisa was open to correcting her mistakes instead of hiding them.
- Cooperate with Investigators: Working proactively with the federal government—in this case, the IRS—helped her credibility.
- Develop a Defense Strategy Early: By retaining legal counsel, Lisa showed she was serious about resolving the issue. She faced less risk of a police investigation turning into a criminal indictment.
Differences:
What’s the difference between Lisa and Dan?
- Dan made his situation worse by trying to hide it.
- Lisa faced her mistakes head-on, took responsibility, and came out with far less damage.
Worried About Being Charged With a Crime? What You Can Do Right Now
Many people feel the same fear Dan felt. They might wonder if they can fix things quietly before anyone notices. From personal experience, I’ll argue that it’s never too late to start making better decisions.
If you’re worried that a law enforcement agency or federal agency is building a case against you, and you haven’t yet been charged, here are a few steps to consider:
- Stop the Conduct Immediately: If any criminal activity continues, you’re increasing the likelihood of severe consequences.
- Document Your Efforts: Keep records of every step you’re taking to correct the issue. This can be valuable for your experienced criminal defense attorney to demonstrate your willingness to accept responsibility and correct the issue.
- Seek Legal Guidance: Legal counsel is critical; having an attorney present can ensure your constitutional rights (including Fourth Amendment and Fifth Amendment protections) are upheld. If you need help finding someone, we can provide a free consultation or point you toward highly qualified counsel.
Need an attorney? Find Your Top Lawyer Now - Don’t Involve Others: Asking someone to lie or hide evidence can lead to additional charges for obstructing justice or conspiracy.
- Build a Record of Accountability: This can include paying back money, cooperating with law enforcement officials, volunteering, and showing that you’re more than your mistakes.
Why an Attorney is Essential
An experienced criminal defense attorney understands Miranda rights, Miranda warnings, probable cause, and how to navigate law enforcement agencies or federal investigators. They can advise whether you should speak to police officers, wait for formal charges, or push for a plea deal. They’ll help shape a strong defense to minimize harm—whether the case involves Federal Cases, background checks, or an active federal investigation.
Understanding Your Constitutional Rights
When law enforcement officers or federal agents show up at your home with questions or a search warrant, it’s crucial to know your legal rights:
- Fourth Amendment: Protects you from unreasonable searches and seizures.
- Fifth Amendment: Allows you to remain silent to avoid self-incrimination.
- Right to Legal Representation: It’s your right to have an attorney present whenever you’re questioned.
Invoking your rights doesn’t imply guilt; it’s a standard part of protecting yourself within the legal process.
Why Early Action Helps
The earlier you take responsible steps, the easier it can be to influence the gathering of information, evidence collection, and how investigators view you. In many federal government Practice Areas, from Drug Crimes to Sex Crimes and more, showing accountability may help you avoid harsh prison sentences or additional charges. It can also demonstrate reasonable doubt about whether you intended to break the law.
The Importance of Mitigation
- Start Building a Defense Strategy: Consult an experienced criminal defense attorney who can advise you on your best course of action.
- Show You’re Taking Responsibility: This helps negotiate a plea deal if it comes to that.
- Stay Off Social Media: Anything you post could be misconstrued by law enforcement agencies or used against you as evidence of intent or deception.
- Speak with a WCA Mitigation Expert: Schedule Your Intro Call or call/text us directly at 949-799-3277.
We know this is not easy, but the earlier you prepare the better your outcome will be.
Justin Paperny