A formal investigation in a federal financial crime begins with a decision by the Security and Exchanges Commission (SEC) to initiate what they call a formal investigative proceeding. Once formal investigation is started, the SEC can subpoena suspects and collect information to build a case. They are only able to issue subpoenas and administer oaths once it has been determined that there has been a violation of federal securities law.
If you are currently being investigated by the SEC or Federal Bureau of Investigation (FBI), it is imperative that you call a lawyer immediately. Michigan federal finance crime investigations are very serious and may lead to charges that affect the rest of your life. Retain an experienced Michigan federal criminal lawyer today to ensure that your rights are protected during the investigation process.
The Form and Framework of an InvestigationThere are two types of investigations for federal financial crimes: formal, and informal. An informal investigation occurs during the stage where there is a complaint, but no power to subpoena or require contestants to give testimony. A significant percentage of informal investigations terminate with no decision to move on to a formal stage or to initiate grand jury activity. These investigations require cooperation between both investigators and the party being investigated. A lawyer could protect people from self-incrimination during the early stages of an investigation.
Formal investigations differ in that it can only be performed by senior agents of the law enforcement commission, and that the investigator now has the power to subpoena documents and people. Formal investigations usually involve the FBI or U.S. Attorney. However, the SEC does have its own ability to subpoena documents and compel witnesses to testify.
For informal investigations, the investigating agency will likely not contact the investigated company or individual. However, once a formal investigation begins, they will immediately contact the concerned parties. As soon as someone is aware that they are being investigated, they should retain skilled legal counsel to defend their rights and ensure that the investigation is done properly.
Factors Investigators ConsiderWhen opening a financial crimes investigation into a personal company in Michigan, federal investigators look at the allegations, their size, and scope, as well as any potential evidence. If there are small errors, there will likely not bother with a full investigation. Whether these small errors were misreported earnings of a few percents or accidental slips of the tongue that may have led to insider trading. Even if something is unequivocally illegal, if there is no true financial gain resulting from that act, there may not be an investigation whatsoever.
Retain Excellent Legal CounselYou worked hard to build your business, and Michigan federal financial crime investigations could permanently harm the company you represent. If you and your economic venture are facing an investigation from the FBI or SEC, you should immediately call a federal criminal defense lawyer. Hiring an attorney with experience in these type of cases can ensure that you receive excellence in criminal defense from a dedicated attorney that will do everything they can to defend your business. Call today for a consultation on your case, the longer you wait, the further the investigation will go without an attorney defending your company.