Available To Serve You Nationwide On All Federal Cases
A federal criminal investigation can begin long before anyone is arrested or charged. You may first learn about an investigation when FBI agents ask to speak with you, federal agents execute a search warrant, a grand jury subpoena arrives, or the United States Attorney's Office sends a target letter.
By that point, the government may already have spent months gathering evidence.
If you are facing a federal investigation or criminal charge in Los Angeles, obtaining experienced federal criminal defense counsel early can be important. Decisions about whether to speak with investigators, how to respond to a subpoena, what to do following a search warrant, and how to approach prosecutors can affect the course of the case.
Kenney Legal Defense represents individuals and businesses in federal criminal investigations and prosecutions in Los Angeles and throughout the Central District of California. Attorney Karren Kenney has more than 30 years of courtroom experience, has tried more than 100 jury trials, and is a Certified Fraud Examiner (CFE).
The firm handles federal matters involving fraud, healthcare investigations, conspiracy, money laundering, public corruption, federal search warrants, grand jury investigations, and other serious federal offenses.
If you believe you are under federal investigation, call Kenney Legal Defense at 855-505-5588 to discuss your situation confidentially.
Federal criminal cases arising in Los Angeles are generally prosecuted in the United States District Court for the Central District of California.
The Central District covers a large portion of Southern California and handles a substantial range of federal criminal matters, from complex financial and healthcare investigations to narcotics, firearms, immigration, public corruption, cybercrime, and multi-defendant conspiracy cases.
Kenney Legal Defense represents clients in federal matters throughout the district, including cases arising in Los Angeles, Orange, Riverside, San Bernardino and surrounding areas within the Central District.
Federal cases differ significantly from California state criminal cases. They involve different prosecutors, investigative agencies, procedural rules, sentencing considerations, and investigative techniques.
Perhaps the most important difference for someone who has just learned of an investigation is timing.
In many federal matters, the government's investigation is well underway before the person being investigated knows it exists.
There is no single way a person discovers that federal authorities are investigating them.
Sometimes the warning is unmistakable. Federal agents arrive with a search warrant or a target letter comes from a federal prosecutor.
Other signs are much less obvious.
You may learn that:
If any of these events occurs, it does not necessarily mean criminal charges will be filed. It does mean that you should take the situation seriously.
The investigation stage can present opportunities that may no longer exist after an indictment.
A common mistake is assuming that talking to investigators will quickly clear everything up.
You may believe that if you simply explain your side of the story, agents will understand that nothing improper occurred.
The problem is that you usually do not know what information investigators already possess, what other witnesses have said, or what theory prosecutors are pursuing.
Before agreeing to an interview, consider speaking with federal criminal defense counsel.
You generally should also avoid:
Preserve potentially relevant evidence and obtain legal advice about the appropriate response.
These terms can be extremely important in a federal investigation.
Under Department of Justice terminology, a target is generally a person whom prosecutors or the grand jury have substantial evidence linking to the commission of a crime and who, in the prosecutor's judgment, is a putative defendant.
Receiving notice that you are a target is a serious development, but it does not necessarily mean an indictment is inevitable.
A subject is a person whose conduct falls within the scope of the grand jury's investigation.
Being described as a subject should not be interpreted as an assurance that you will never be charged. An individual's status can change as investigators obtain additional evidence.
A witness is generally someone investigators believe possesses information relevant to the investigation.
Even witnesses should understand their legal position before giving statements or grand jury testimony. What begins as witness status can change depending on the evidence and the person's own conduct.
There is no single timeline for a federal criminal case, but many investigations follow some version of the following progression.
A federal investigation may originate from:
The person being investigated may know nothing about it.
Federal investigators can use a variety of tools to develop evidence, including:
Complex investigations can continue for months or years.
Federal grand juries can subpoena documents and testimony as part of an investigation.
Receiving a subpoena does not automatically mean you are a target. However, the subpoena should be evaluated carefully before records are produced or testimony is given.
If investigators establish probable cause and obtain judicial authorization, federal agents may execute a search warrant.
Searches may involve homes, businesses, vehicles, computers, phones, cloud accounts, financial records, and other evidence identified in the warrant.
In some cases, prosecutors advise counsel or the individual that the person is considered a target.
This can be an important stage of the case. Depending on the circumstances, defense counsel may communicate with prosecutors, investigate the allegations, identify factual or legal issues, or present information relevant to a charging decision.
There is no guarantee that pre-indictment advocacy will prevent charges, but waiting until after an indictment can eliminate options that existed earlier.
If charges are brought, a case may begin through an indictment or, in some circumstances, a criminal complaint followed by further proceedings.
An indictment is an accusation, not proof of guilt.
After an arrest or summons, the defendant appears in federal court. Issues may include appointment or appearance of counsel, release conditions and, in some cases, detention.
Defense counsel reviews the government's evidence and evaluates potential factual, evidentiary and constitutional issues.
Depending on the case, pretrial litigation may involve challenges concerning searches, statements, discovery, expert evidence or other issues.
Some federal cases resolve through negotiated dispositions. Others proceed to trial.
The decision should be based on the evidence, applicable law, potential sentencing consequences, and the client's objectives, not on a one-size-fits-all approach.
If there is a conviction, federal sentencing requires analysis of the applicable statutes, advisory United States Sentencing Guidelines, the factors contained in federal sentencing law, and the individual circumstances of the defendant and offense.
Federal cases frequently involve more than one investigative agency.
The FBI investigates a broad range of federal crimes, including financial fraud, healthcare fraud, public corruption, cybercrime and other white-collar offenses.
If FBI agents request an interview, you can consult an attorney before deciding whether and how to respond.
IRS-CI investigates potential criminal violations involving taxes and financial transactions. Its investigations may also overlap with fraud and money laundering cases.
Financial investigations can require detailed analysis of bank records, tax returns, accounting records and the flow of funds.
HSI investigates offenses involving international commerce, customs, immigration, financial crimes, money laundering and other matters within its jurisdiction.
HHS-OIG plays an important role in investigations involving federal healthcare programs. Physicians, clinics, pharmacies, hospices and other healthcare providers may encounter administrative, civil and criminal inquiries involving Medicare and other programs.
The DEA investigates federal controlled-substance offenses and drug trafficking organizations. Federal narcotics cases frequently include conspiracy and money laundering allegations.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigates federal firearms offenses and other crimes within its jurisdiction.
Other federal agencies may also participate depending upon the allegations.
Federal fraud investigations can arise from business transactions, government programs, healthcare billing, banking relationships, investment activity and numerous other circumstances.
Common allegations include:
Fraud cases frequently turn on evidence concerning knowledge and intent. The existence of a financial loss or failed transaction does not by itself answer whether a federal crime occurred.
Related Resource: Fraud Investigation Attorney
Wire fraud and mail fraud are frequently used in federal prosecutions because ordinary business communications can involve interstate wires or the mail.
Emails, telephone calls, electronic transfers and online communications may become part of the government's evidence.
The central issue is not simply whether a wire or mailing occurred. Prosecutors must prove the elements of the charged offense, including the required fraudulent intent.
Related Resource: Wire Fraud
Federal healthcare investigations can involve enormous quantities of billing data, medical records, communications and financial information.
Investigations may concern:
A matter that begins as an administrative audit can sometimes develop into a civil or criminal investigation.
Healthcare professionals facing unusual document demands, interviews or investigative activity should consider obtaining legal advice early.
Related Resource: Healthcare Fraud Defense
Federal prosecutors may bring money laundering allegations in conjunction with fraud, healthcare, narcotics or other prosecutions.
These cases can involve complicated tracing of funds through bank accounts, businesses and other financial transactions.
A financial transaction involving allegedly unlawful proceeds is not automatically money laundering. The government must establish the elements of the particular statute charged.
Related Resource: Money Laundering Defense
Federal conspiracy cases can be particularly challenging because prosecutors may attempt to establish an agreement through circumstantial evidence, communications and the actions of multiple people.
A defendant does not necessarily need to have participated in every act committed by every alleged conspirator to face a conspiracy allegation.
That makes careful analysis of the alleged agreement, the defendant's knowledge and the evidence connecting that person to the conspiracy especially important.
Related Resource: Federal Conspiracy Lawyer
Public corruption and complex white-collar cases may involve public officials, contractors, business owners, executives, nonprofit organizations or other professionals.
Evidence can include:
Because reputational and professional consequences can arise before charges are ever filed, discretion and early strategic planning can be particularly important.
A federal search warrant can be one of the first unmistakable signs of a criminal investigation.
If agents execute a warrant at your home or business:
Do not physically interfere with the search.
You can ask to see the warrant and obtain a copy. You should preserve the paperwork and inventory provided by agents.
You are not required to turn the execution of a warrant into an interview simply because agents want to ask questions.
After the search, counsel can evaluate the warrant and circumstances surrounding its execution, determine which agencies are involved, preserve relevant evidence, and begin assessing the nature of the investigation.
Related Resource: Federal Search Warrant Lawyer
The period before an indictment can be one of the most important stages of a federal case.
Depending on the circumstances, early representation may allow counsel to:
No attorney can promise that early intervention will stop an indictment. But knowing about an investigation and doing nothing until an arrest can mean losing valuable time.
Not every federal case goes to trial, and a negotiated resolution may be the appropriate outcome in some cases.
But meaningful negotiation requires knowing what happens if negotiations fail.
Attorney Karren Kenney has more than 30 years of courtroom experience and has tried more than 100 jury trials. That experience informs decisions throughout a case—from evaluating witnesses and evidence to determining whether a proposed resolution makes sense.
Federal defense should not begin with an assumption that a client will plead guilty.
The evidence should be investigated and evaluated first.
If you are dealing with a federal investigation, the following Kenney Legal Defense resources provide more detailed information about specific stages and types of federal cases.
Learn how federal investigations begin, what warning signs to watch for, and why the pre-indictment stage can matter.
Learn what a target letter typically means, what prosecutors mean by "target," and what to consider before responding.
Learn what a grand jury subpoena may require and why document production or testimony should be approached carefully.
Federal Grand Jury Subpoena Guide
You do not have to wait until you are arrested. If agents have contacted you, you received a subpoena or target letter, a search warrant was executed, or you have credible reason to believe you are under investigation, consulting counsel early can help you understand your position and options.
Having nothing to hide does not mean an unprepared interview is advisable. You may not know what investigators have been told, what documents they possess, or what they are attempting to establish. Consider speaking with an attorney before deciding whether to participate.
A request for a voluntary interview is different from a subpoena or court order. An attorney can determine what kind of request you received and advise you about your obligations and options.
A target letter generally notifies a person that prosecutors regard that individual as a target of a federal investigation. It may also address grand jury proceedings and representation by counsel. A target letter deserves prompt attention.
Not necessarily. Target status is serious, but charging decisions depend on the facts, evidence and prosecutor's assessment of the case.
A target is generally someone prosecutors believe substantial evidence links to a crime and whom they view as a potential defendant. A subject is a person whose conduct falls within the scope of the investigation.
Agents executing a valid search warrant can search the places and seize the items authorized by the warrant, subject to applicable law. Do not interfere physically. Obtain the warrant and inventory, avoid turning the search into an unplanned interview, and contact counsel.
No. Grand jury subpoenas are issued to witnesses and third parties as well as people whose conduct is being investigated. Counsel can help determine the context and advise you about responding.
Yes. Depending on the circumstances, information developed in regulatory, healthcare, tax or other administrative proceedings can lead to or overlap with a criminal investigation.
There is no standard duration. Straightforward investigations may proceed relatively quickly, while complicated financial or multi-defendant investigations can continue for months or years.
Yes. Not every federal investigation results in an indictment. Outcomes depend upon the evidence, law and circumstances of the particular matter.
Federal charges can sometimes be dismissed, but whether dismissal is available depends upon the facts and law. Other cases may result in acquittal, negotiated resolution or conviction. No particular result can be guaranteed.
The defendant generally proceeds through an initial appearance and arraignment, followed by discovery, pretrial proceedings and either a negotiated resolution or trial. Detention or release conditions may also need to be addressed.
Federal sentencing involves the applicable criminal statutes, advisory United States Sentencing Guidelines and statutory sentencing factors. The analysis can be substantially different from sentencing in California state court.
Federal practice involves different procedural rules, investigative agencies, sentencing considerations and courtroom practices. When facing a federal matter, experience with the federal system can be particularly important.
If you have received a federal target letter or grand jury subpoena, federal agents want to interview you, your home or business has been searched, or you have been charged with a federal offense, you do not have to navigate the process alone.
Kenney Legal Defense represents clients facing federal investigations and prosecutions in Los Angeles and throughout the Central District of California.
The sooner you understand what the government is investigating and where you stand, the sooner you can begin making informed decisions about your defense.
Call Kenney Legal Defense at 855-505-5588 to schedule a confidential consultation.
