Communicating with a Government Investigator

The Fifth Amendment of the U.S. Constitution protects people from having to speak with a government investigator. No one can be compelled to provide evidence that could, theoretically, be used against a person. All Americans should understand that government investigators go through extensive training to pull evidence they can later use against a person.

If a government investigator asks questions, remember that the investigator is trying to gather evidence to build a case. The investigator may say that he is simply trying to get an understanding of what happened. Getting to the truth, however, doesn’t advance the investigator’s career. Investigators get promotions when they build cases against people and businesses that lead to findings of liability or guilt.

With that in mind, remember that no one has to talk to a government investigator. But if a person chooses to speak with a government investigator, that person should follow two principles:

Principle 1:

• If a person chooses to speak with a government investigator, the person should not lie. Lying to a government official is a federal crime, punishable by up to five years in federal prison—for each lie.

Principle 2:

• If a person chooses to speak with a government investigator, the person should hire competent counsel. Although the lawyer cannot protect a person from lying, the lawyer can better advise the person on how government investigators may use any statements to build a case to reach the investigator’s agenda. Make no mistake, the investigator aspires to bring charges against people or businesses.

Just as some business leaders will do or say anything to increase profitability, some government investigators will do or say anything to induce people to incriminate themselves or others. They want evidence that leads to findings of liability, or guilt.