Practice Area

Federal Investigations

Federal investigations rarely announce themselves. They typically begin with a subpoena, a civil investigative demand, an HHS-OIG letter, a quiet inquiry from an agent, or a colleague’s sudden silence. By the time a matter is visible, the government has often been working it for many months. The firm represents businesses and individuals from the first signal through final resolution.

Counsel across the federal landscape

Federal investigations now routinely involve multiple agencies in parallel — DOJ and SEC, DOJ and HHS-OIG, U.S. Attorney’s Office and state AG, criminal and civil sides of the same office. Coordinating defense across those tracks requires a clear strategy from the outset, and someone who has worked inside that landscape.

Agencies and proceedings the firm handles

  • U.S. Department of Justice — Main Justice and U.S. Attorney’s Offices
  • Securities and Exchange Commission (SEC) — formal and informal inquiries
  • Federal grand jury subpoenas, target letters, and witness representation
  • Civil Investigative Demands (CIDs) — DOJ Civil Division, state AGs
  • HHS-OIG and CMS investigations
  • Federal Trade Commission and consumer-protection enforcement
  • IRS Criminal Investigation Division (IRS-CI)
  • Inspector General investigations across federal agencies
  • Parallel proceedings — coordinated criminal, civil, and regulatory tracks

Subpoena response

Federal subpoenas are not just document requests. They are the government’s opening move. The firm scopes the response carefully — preserving everything required, withholding only what is properly privileged, and using the response itself as an early opportunity to begin shaping the government’s view of the case.

Voluntary disclosures

When the right strategic answer is to come forward — under the DOJ’s voluntary self-disclosure policies, the SEC’s cooperation framework, or sector-specific programs — the firm evaluates whether disclosure helps, scopes what is disclosed, and negotiates the resulting resolution.

Witness preparation and proffers

Before any client testifies before a federal grand jury, sits for an SEC examination, or makes a proffer to prosecutors, they are prepared thoroughly. That preparation often shapes the rest of the case.

Internal investigations as a defense tool

A privileged internal investigation, properly run, can frame the government’s view of the conduct, identify and isolate problems, and provide a credible record of remediation. The firm runs them with that purpose in mind.

Resolution

Where a case must resolve, the firm negotiates — declinations, non-prosecution and deferred-prosecution agreements, plea agreements, consent decrees, civil settlements, and disciplinary outcomes — with a clear-eyed view of what the alternatives look like at trial.

When to bring the firm in

The firm is most useful early. Some signals to call:

  • A federal grand jury subpoena has been served on the company or an employee
  • A target letter or subject letter has arrived
  • A federal agent has requested an interview — formally or ‘just to talk’
  • A Civil Investigative Demand has been received
  • An SEC subpoena, Wells notice, or informal inquiry is in hand
  • Counsel from another firm needs federal-side strategic support

Why clients choose Fernald Advisory

Inside knowledge of how federal investigations are built

Eight years as a Chief or Deputy Chief in the U.S. Attorney’s Office means knowing how investigations are opened, supervised, charged, and resolved — and where they break.

Cross-agency fluency

Modern investigations cut across DOJ, SEC, HHS-OIG, and others. The firm coordinates the criminal, civil, and regulatory tracks together rather than letting them work against each other.

Direct attorney access

The lawyer reviewing your subpoena and the lawyer arguing your motion are the same lawyer — no associate handoffs on matters this sensitive.

Frequently Asked

What clients often ask

What’s the difference between a subject, target, and witness?

In federal investigations, a ‘target’ is someone the government believes has committed a crime; a ‘subject’ is within the scope of the investigation but not yet a target; a ‘witness’ is someone with relevant information. These labels can change as a matter develops and they materially affect what should be said and to whom.

Should I talk to a federal agent who asks me ‘just a few questions’?

Not before consulting counsel. Statements to federal agents — even casual ones — can be charged as false statements under 18 U.S.C. § 1001, and they almost never help. A short call to an attorney before any interview is the right move.

How long do federal investigations take?

Months to years. White collar matters frequently run two to four years from first contact to resolution, and parallel proceedings can stretch longer. Patience and consistent strategy across that timeline matter.

Can the firm represent both a company and its executives?

Sometimes, briefly — but joint representation in federal investigations often becomes a conflict. The firm evaluates that question carefully at the outset and is candid when separate counsel is needed.

Discuss a federal matter

Confidential consultations with Michelle Fernald. Serving Austin, San Antonio, Dallas, Houston, El Paso, and federal courts nationally.

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