If you learn that your employer is being investigated for a white-collar crime such as fraud, there is a possibility that you may be, too. While the likelihood depends on your role within the company, employees are sometimes caught off guard when federal investigators begin to look their way or start asking questions.
Remember, in these situations, you cannot rely upon your employer or colleagues to look after your interests. When a federal criminal probe starts, you have to protect yourself. With that in mind:
Anything you say could be used against you
However informal the federal agents try to make things sound, treat every exchange as an interrogation. Saying nothing until you have legal guidance is a constitutional right you would be wise to invoke. Remember, too, that lying to federal investigators is a crime. It is better to remain silent than say something that could later be considered a falsehood.
Destroying evidence is another mistake
What has happened has happened. What has been written or logged has been written or logged. Trying to spin your account of what happened away from what you know to be true could land you in legal trouble, as could altering or destroying documents, files, footage or any other potential evidence. The penalty for such deceit could run up to five years of imprisonment. Do not attempt to alter evidence or influence someone else’s narrative, no matter how problematic it may seem.
Seek your own legal representation
Your employer might offer you the use of the in-house law team. You are better off getting your own legal representation, as the in-house attorney’s first responsibility is to the company, rather than you. It could potentially create a conflict of interest, so they might not take a particular step to protect you if doing so would harm the company’s defense.
