how does an attorney general get an investigation going against someone

What is an attorney general investigation or action?

Apr 24, 2016 · The attorney general rarely appears in court, but makes key decisions on major cases, assists in local and federal investigations and meets with legislators and constituents on a regular basis, according to Walter Cohen, who served as first deputy attorney general over six years and then as acting attorney general for several months in 1995.

How do I Close an investigation?

Jun 25, 2014 · Attorneys General typically prefer to resolve an investigation through execution with the respondent of an assurance of voluntary compliance (“AVC”). An AVC is …

What happens when a grand jury is involved in an investigation?

Depending on the specific facts of the case, the first step may actually be an arrest. If police have probable cause to arrest a suspect (as is the case if they actually witnessed the suspect commit a crime), they will go ahead and make an arrest. Direct Evidence

What should I do if I am implicated in a federal investigation?

Mar 02, 2017 · 1. Informants and confidential sources must be used in compliance with the Attorney General's Guidelines on the Use of Informants and Confidential Sources; 2. Undercover operations must be conducted in compliance with the Attorney General's Guidelines on FBI Undercover Operations; 3.

How does the DOJ decide what to investigate?

Generally, section attorneys review incoming complaints and conduct research to identify potential civil investigations. Based on that work, the attorney may recommend that the section chief authorize an investigation.Jul 28, 2017

Why would DOJ come to your house?

The DOJ and its subsidiaries will be responsible for gathering evidence to prosecute a crime. Sometimes, this might involve searching the property. This will require a warrant issued by a judge. If the evidence leads to an arrest, it must be an arrest stemming from probable cause.

How long do DOJ investigations last?

So if you have still not been charged after the time set by the statute of limitations, the investigation is effectively over. For most federal crimes, the statute of limitations is five years. Bank fraud has a statute of limitations of ten years. Immigration violations and arson are also subject to a ten year limit.

Why would the US Department of Justice sent me a certified letter?

The Department of Justice customarily sends target letters to individuals who are the target of a grand jury investigation and to those who are the subject of a grand jury investigation.

What is a DOJ investigator?

Special Agent. The Department of Justice's Special Agents dismantle criminal street gangs, investigate the proliferation of illegal drugs, weapons and human trafficking, and bring the most dangerous criminals to justice across California.

What is a Department of Justice investigation?

The California Department of Justice, Bureau of Investigation, White Collar Investigation Teams, are dedicated to using its skills to investigate white collar crimes, criminal activities such as public corruption, money laundering, corporate fraud, securities and commodities fraud, mortgage fraud, financial institution ...

How do you tell if the feds are watching you?

When the feds decided to target you for investigation involving federal contracts, they are common signs to watch out for ( see below). The most common signs of being under investigation include talking to your friends, employees acting abnormally, and even an investigator leaving a business card on your door.

How long can police investigate crimes?

If an individual is released on pre-charge bail, the police have an initial time limit of 28 days to continue their investigation. However, this can be extended to three months by a senior police officer.

How do you know if you are under federal investigation?

Probably the second most common way people learn that they're under federal investigation is when the police execute a search warrant at the person's house or office. If the police come into your house and execute a search warrant, then you know that you are under investigation.

Why am I getting a letter from the Department of Defense?

In simple terms, a “target letter” is a notification that the federal government believes you are somehow involved in criminal activity. It could mean they believe you either participated in a crime, or that you have some type of knowledge about the crime.Feb 25, 2020

Can a letter be used as evidence?

Evidence is anything you use to prove your claim. Evidence can be a photograph, a letter, documents or records from a business, and a variety of other things. All evidence that is properly admitted will be considered by the judge or jury. Evidence is more believable and trustworthy than what a person says.

Why would I receive a letter from the Department of Defense?

The reason you received this letter is that you are being investigated concerning a serious federal crime. Resist the urge to contact the prosecutor for an interview – as anything you say can and will be used against you.Jul 1, 2019

What is the Attorney General's Office looking into?

In addition to investigating criminal operations, the attorney general’s office looks into scams targeting seniors, violations of the state’s clean air and water laws and evaluates whether mergers break antitrust laws. On April 26, voters in both parties will have a choice for attorney general. Do the voters prefer a candidate with political ...

What does the Criminal Division do?

The criminal division investigates drug trafficking, child predators (more than 150 were arrested each of the past two years), organized crime and public corruption, according to the office’s 2015 annual report.

What is an example of public corruption?

An example of a prominent public corruption case the AG’s office was involved in was last year’s discovery that former Harrisburg Mayor Stephen Reed bought thousands of historical artifacts with millions of taxpayer dollars.

How old do you have to be to become an attorney general in Pennsylvania?

To become attorney general, you have to be able to practice law in Pennsylvania, be at least 30 years old and have lived in Pennsylvania for the past seven years (exceptions for politicians and public employees). Of the five candidates, there are two politicians and three with extensive experience as prosecutors.

Does the Attorney General appear in court?

The attorney general rarely appears in court, but makes key decisions on major cases, assists in local and federal investigations and meets with legislators and constituents on a regular basis, according to Walter Cohen, who served as first deputy attorney general over six years and then as acting attorney general for several months in 1995.

How are Attorney General investigations resolved?

Perhaps this conclusion may be reached informally whereby the investigation is closed with no action taken and documents returned, assuming state law permits. An investigation may also be closed by some less formal action, such as a letter agreement. Attorneys General typically prefer to resolve an investigation through execution with the respondent of an assurance of voluntary compliance (“AVC”). An AVC is often simply a recitation of stipulated facts describing the state’s position and the respondent’s position. An AVC also includes some type of injunctive relief, under which the respondent agrees to follow by relevant law, and perhaps some form of future monitoring and compliance plans. If the circumstances warrant based on consumer harm, monetary payments may also be made to complainants or a consumer restitution fund could be established. Investigative costs and fines are also a possibility if the conduct is sufficiently problematic or justifies some additional deterrent.

What is the role of the Attorney General of Illinois?

In Illinois, and across the nation, the Attorneys General serve as the law firm to the states. These offices has separate sections or divisions that focus on a particular area of law such as antitrust, Medicaid, consumer protection, and criminal law. Knowing the investigative powers of Attorneys General, and how to respond in the event of an investigation can ensure that minor regulatory issues do not grow into major problems. Should an investigation arise, the tension and balance is to achieve full cooperation while protecting privileges.

What is the purpose of the Consumer Fraud Act?

The Consumer Fraud Act’s purpose is “to protect consumers and borrowers and businessmen against fraud, unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” 815 ILCS 505/1.

Why is it important to analyze objections before responding to a subpoena?

It is critical to analyze whether objections may exist before responding to a subpoena in order to avoid any claim of waiver. It is important to begin at the beginning and not overlook any object ions. For instance, ensure that service was proper and that personal jurisdiction exists.

What is the threshold question in a subpoena?

A threshold question in a document production is the manner in which the documents will be made available to the Attorney General. The manner of production takes on heightened importance when confidential or proprietary information is involved.

Can a subpoena be quashed?

Also, a subpoena may be quashed if it requires a witness to travel or produce documents more than a certain distance from a respondent’s residence, place of employment or business. Beyond attorney-related privileges, there are other privileges that may render a subpoena objectionable.

Does the Attorney General have to prove unlawful conduct before issuing a CID?

To issue a CID, it is only necessary for an Attorney General to believe that a person has, or may be, engaged in unlawful conduct. Attorney General does not have the burden to prove unlawful conduct before issuing a CID.

What is the job of a criminal investigator?

In the Federal Government, there are agencies that employ criminal investigators to collect and provide information to the United States Attorneys in the respective district. You may already know some of the agencies, such as: The investigators at these agencies investigate the crime and obtain evidence, ...

What is direct evidence?

Direct Evidence. A prosecutor evaluates a case, and uses all the statements and information they have to determine if the government should present the case to the Federal Grand Jury — one in which all the facts lead to a specific person or persons who committed the crime.

Is testimony of an eyewitness to a crime considered direct evidence?

Testimony of an eyewitness to a crime would be considered direct evidence because the person actually saw the crime. Testimony related to something that happened before or after the crime would be considered circumstantial.

Do you need a warrant for a search?

Searches usually require a search warrant, issued by a “neutral and detached” judge. Arrests also require probable cause and often occur after police have gotten an arrest warrant from a judge. Depending on the specific facts of the case, the first step may actually be an arrest.

What factors should be considered when conducting an investigation?

In determining whether an investigation should be conducted, the FBI shall consider all of the circumstances including: (1) the magnitude of the threatened harm; (2) the likelihood it will occur; (3) the immediacy of the threat; and (4) the danger to privacy and free expression posed by an investigation. b.

What does a special agent take into account when determining whether there is reasonable indication of a federal criminal violation?

In determining whether there is reasonable indication of a federal criminal violation, a Special Agent may take into account any facts or circumstances that a prudent investigator would consider. However, the standard does require specific facts or circumstances indicating a past, current, or impending violation.

How long can the FBI investigate racketeering?

b. A racketeering enterprise investigation may be initially authorized for a period of up to 180 days.

What is the FBI's primary responsibility?

As the primary criminal investigative agency in the federal government, the FBI has the authority and responsibility to investigate all criminal violations of federal law not exclusively assigned to another federal agency.

How long can the FBI investigate a terrorism case?

b. A domestic security/terrorism investigation may be initially authorized for a period of up to 180 days.

What are the standards and requirements for an investigation?

The standards and requirements set forth herein govern the circumstances under which an investigation may be begun, and the permissible scope, duration, subject-matters, and objectives of an investigation. All investigations of crime or crime-related activities shall be undertaken in accordance with one or more of these Guidelines.

What is warranted investigation?

If, on the basis of information discovered in the course of a preliminary inquiry, an investigation is warranted, it may be conducted as a general crimes investigation, or a criminal intelligence investigation, or both.

What is the purpose of a federal investigation?

If a crime is brought to the attention of federal authorities, whether by a victim of the crime or a witness to it (e.g., a bank robbery), a federal law enforcement agency will undertake an investigation to determine whether a federal offense was committed and, if so, who committed it. Two points should be kept in mind:

What happens if a grand jury returns an indictment against a suspect?

If a magistrate has issued a search warrant for a suspect or if a grand jury has returned an indictment against a suspect, federal agents will arrest the suspect and place him or her in custody pending court proceedings.

What is the pretrial process after arraignment?

After arraignment and before trial, the defendant and the government engage in the discovery and motions process. Discovery is the pretrial process by which the defendant and—to a more limited extent—the prosecutor can demand information and material about the case from the other party. In addition, the defense and prosecution usually engage in ...

What is a probation officer?

But before the court does so, a probation officer will conduct a background investigation. The probation officer will investigate any aggravating and mitigating factors present in the case and will prepare a pre-sentence report summarizing those factors for the judge. Most reports contain a variety of information that may be helpful to the court: e.g., information about the offender’s prior criminal record, personal characteristics, financial condition, social history, and circumstances affecting his or her behavior, as well as information regarding the effect of the crime on the victim.

How does the guilt phase work?

The guilt phase generally begins with the prosecutor’s opening statement. The defense has the option of making its own opening statement immediately afterwards or reserving its opening statement for the beginning of its case-in-chief. The prosecutor then presents the government’s proof through physical evidence and witnesses. The defense is entitled to cross-examine any witnesses questioned by the government. Once the government has completed its case, the defense may move the court to acquit the defendant, on the ground that there is legally insufficient evidence to convict. If the court denies the defense motion, the defense may present its own case, and the prosecutor may cross-examine any witnesses presented by the defense. Following the defense case, the prosecutor may present evidence to rebut the defendant’s case. Once the prosecutor concludes its rebuttal case, the defense again can move for an acquittal. If the court denies that motion, the parties present their closing arguments: first the prosecutor, then the defense, and finally the prosecutor again (the government goes first and last because it has the burden of proof). Following closing arguments, the judge will instruct the jury on the relevant law for it to apply. Afterwards, the jury will retire to decide the case. When the jury has reached its decision, the jury will return to the courtroom and announce its verdict. If there is no jury, the judge will deliberate and return a verdict.

How soon after arrest can you make an initial appearance?

This initial appearance generally will occur as soon as practicable following arrest and must occur before 72 hours have passed. At the initial appearance, the court will inform the arrestee of the charges and advise him or her of the rights to counsel and to remain silent.

Can a victim veto a plea agreement?

Nonetheless, a victim does not have a right to veto the prosecutor’s decision to engage in plea negotiations or to accept a guilty plea from a defendant as part of a plea bargain. If a plea agreement has been reached, the government and defense counsel present that agreement to the court.

Who decides whether to bring charges at the end of an investigation?

In addition, the prosecutor is the one who will decide whether to bring any formal criminal charges at the end of the investigation. Thus, the prosecutor ’s opinion on the merits of the case is important to the agents working the case.

What is federal investigation?

What is a federal investigation? A federal investigation is the first step in the federal criminal justice process. In this stage, federal law enforcement agents are investigating potential violations of federal law. Their goals are to determine: (1) whether a federal crime has been committed; (2) the parties responsible;

How long does a federal investigation take?

A federal investigation can take a long time. In some cases, agents may investigate a case for years before bringing any federal criminal charges. Moreover, federal investigations tend to be conducted in secret; documents and reports pertaining to the investigation may be classified; agents involved in the investigation may be instructed to not discuss it in public. During this time, the subject of the investigation may not even be aware that he is under investigation until agents are knocking on his door to make an arrest. Individuals frequently only find out that they are under federal investigation when one of the following things occur: 1 A federal prosecutor formally notifies you that you are the target of an investigation through a target letter. 2 A federal law enforcement agent contacts you by phone and asks for a meeting. 3 Federal agents show up unannounced at your home, place of business or other location that you frequent, and try to interrogate you. 4 Federal agents execute a search warrant at your home or place of business. 5 You receive a grand jury subpoena requiring you to testify or provide documents. 6 Former colleagues or business associates tell you that they have been interviewed, searched, or subpoenaed to testify in connection with activities that you were involved in.

What to do if you get a subpoena?

Similarly, if you receive a subpoena requiring you to produce documents, an attorney can often reach out to prosecutors and significantly narrow the scope of what should be produced. An attorney can also advise you as to what documents you may have a right to withhold from production.

What district is the mortgage fraud investigation in?

A real estate loan officer was implicated in a mortgage fraud investigation in the Eastern District of Virginia, Alexandria Division. No charges filed. An individual was questioned by federal agents and prosecutors in a securities fraud investigation in the Eastern District of Virginia, Richmond division.

Why do federal law enforcement agents show up at a suspect's home?

For example, agents may show up unannounced at a suspect’s home in the early morning to ask questions and interrogate the individual, at a time when the individual is not fully alert or prepared, to gain a psychological edge.

What does a federal law enforcement agent do?

Federal agents show up unannounced at your home, place of business or other location that you frequent, and try to interrogate you. Federal agents execute a search warrant at your home or place of business.

What happens if a federal prosecutor gets information under MLAT?

If the federal prosecutor has to get information under an MLAT - or Mutual Legal Assistance Treaty - then they get some extra time to get an indictment. And, unfortunately, many federal crimes are also state crimes.

How long does it take to get a grand jury indictment?

The grand jury indictment is the official charging document, so what that means is that the indictment has to be returned by the grand jury within the five-year period.

How long does it take to get a child convicted of a crime?

Kidnapping or sexual abuse of a child has to be charged either during the child’s lifetime, or within ten years (whichever is longer). There is no time limit on capital offenses (murders that are serious enough that you can get the death penalty) or certain dangerous acts of terrorism.

Can you go forward with a criminal charge?

Many United States Attorney's Offices do not let you know that they've decided not to go forward with criminal charges. The policies vary by office, but, generally speaking, the way you find out that you're no longer under investigation is that the statute of limitations runs.

Can a federal prosecutor get state attention?

Normally that doesn't happen - state prosecutors tend to not be interested in the same kinds of cases that federal prosecutors are - but sometimes a federal prosecutor who feels angry can get state attention to a case.