What You Should Know If You’re Contacted By a Government Agent

August 2, 2018

Some points to consider…..  
  1. The Investigator has the right to contact you and request to speak with you.
  2. You have the right to choose whether or not to speak with any investigator. In all situations you have the right to consult with legal counsel before you decide whether or not to talk to the investigator.
  3. The government investigator does not have the right to insist upon an interview, and it is improper for him or her to pressure you in an attempt to obtain an interview.
  4. If you decide to refuse an interview, you should politely, but firmly, decline the investigator’s request.
  5. Since you are not required to submit to an interview, if you decide that you are willing to submit to one, you have the right to insist upon any precondition you desire. For example, you may require that the interview be conducted only in the presence of legal counsel.  In many situations, your employer will pay for the cost of an attorney to represent you.
  6. Regardless of your decision, if you are contacted by a government investigator, it is extremely helpful if you immediately contact your supervisor or legal counsel. You have every legal right to tell your employer about the government contact.  The agent may request or suggest that you keep the contact confidential, but there is no law that would prevent you from disclosing any detail of your discussion with the agents.
  7. Employees often wonder what their employer would prefer. The answer is that the decision is truly yours.  However, most employers (and their lawyers) would strongly encourage you to conduct the interview with legal counsel present.
  8. Under all circumstances, remember that you must tell the truth to government agents. Failure to do so may, in and of itself, be a violation of the law.
  9. Do not destroy any documents or attempt to hide evidence.
For more information or if you need additional help , contact: David Glaser 612.492.7143 dglaser@fredlaw.com Reprinted with permission