Practice Area
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.
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.
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.
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.
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.
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.
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.
The firm is most useful early. Some signals to call:
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.
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.
The lawyer reviewing your subpoena and the lawyer arguing your motion are the same lawyer — no associate handoffs on matters this sensitive.
Frequently Asked
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.
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.
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.
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.
Confidential consultations with Michelle Fernald. Serving Austin, San Antonio, Dallas, Houston, El Paso, and federal courts nationally.
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