What Should I Do If I Am Visited by a Special Agent?

So you ever heard that phrase you have the right to remain silent? Exercise your right to remain silent. Don't talk to the special agent, get the special agent's card. They travel in pairs so you'll often be visited by two of them. But get the special agent's card and say I'd like to consult with my attorney and I'll call you back even if you're not a subject or a target of an investigation. Even if you're just a witness, it's important that you don't expose yourself to liability. By no means should you consent to an on-the-spot interview or start answering questions. The special agent will try and push you to do that, because their job is to get as much information out of you as possible but it's very important that you take a pause. Realize that you're talking to a criminal investigative agent (the people that carry badges and guns) and step away from the situation. Hire a third party, have somebody intercede on your behalf or at least take a pause and figure out what this is about. Once you do that, then you can go into your special agent interview prepared. You can go in willing to answer the questions that they're asking or you can decide which questions you're not going to answer because you may be potentially at risk and you're going to want to gauge the interview. So that's really really important. You want to make sure that you are approaching the situation with the degree of caution that it deserves. Be very careful around special agents - these are the people that build cases to put people in jail, so take a pause, review the situation and then only act when you're certain that you know what the outcome is going to be.


Sam Brotman, JD, LLM, MBA

Owner and Director of Legal
Brotman Law