Department of Justice Investigation Defense

People say "the DOJ is investigating me" when they mean an agency is. The distinction matters, because the charging decision belongs to a prosecutor, not an agent.

And if a Washington component is on the case, expect a longer, more resourced, more centralised prosecution than a purely local one.

Who actually decides to charge you

Federal criminal charges are brought by the United States Attorney's Office for the district — in Texas, one of four offices. The Assistant United States Attorney assigned to your matter makes the day-to-day decisions, subject to supervisory approval.

Investigative agencies present cases to that office. They do not charge, and they cannot promise outcomes. An agent who suggests things will go easier if you cooperate is not the person who decides.

The Main Justice components that appear in Texas cases

Criminal Division — Fraud Section. Complex healthcare fraud, securities and financial fraud, and FCPA matters. Its Health Care Fraud Unit runs data-driven takedowns, including in Texas.
Public Integrity Section. Public corruption, and its approval is required for certain election-related and official-misconduct charges.
CEOS. The Child Exploitation and Obscenity Section, joining CSAM and enticement prosecutions.
MLARS. Money Laundering and Asset Recovery, which must approve certain laundering and forfeiture actions.
National Security Division. Terrorism, export control, and sanctions.
Tax Division. Its authorisation is required before most criminal tax charges can be brought.
Antitrust Division. Bid rigging, price fixing, and market allocation.

Where Main Justice approval is required

This is genuinely useful to know, because it creates an additional decision point outside the local office. Categories requiring approval or consultation include criminal tax charges, RICO charges, certain money laundering and forfeiture actions, some public corruption charges, and the use of certain investigative techniques.

A required approval is an opportunity. It means a second set of prosecutors will look at the theory, and a defense submission can be directed at them as well as at the local AUSA.

The Principles of Federal Prosecution

Charging decisions are guided by the Justice Manual's Principles of Federal Prosecution, which direct prosecutors to consider whether the admissible evidence will probably be sufficient to obtain a conviction, the seriousness of the offense, deterrence, the person's culpability and criminal history, willingness to cooperate, and the probable sentence.

They also identify grounds for declining prosecution — including no substantial federal interest, adequate prosecution in another jurisdiction, and the existence of an adequate non-criminal alternative. Those are the arguments a pre-indictment submission is built on, and they are the Department's own stated criteria rather than a defense invention.

Making a pre-indictment presentation

Where an investigation is known but no charges have been filed, counsel can make a written and oral submission to the prosecutor. What it can achieve: declination, a narrower set of counts, dropping a count carrying a mandatory minimum, resolution by information rather than indictment, or referral to a state or civil forum.

What makes such a submission work is not advocacy in the abstract. It is supplying facts the prosecutor does not have, identifying a legal problem with the theory before it is public, and offering a resolution that satisfies the federal interest at lower cost than a trial.

What to do if agents contact you

Do not answer questions. Say that you want to speak with a lawyer, and say nothing else. That is lawful and cannot be used as evidence of guilt. Lying to a federal agent is a separate felony under 18 U.S.C. § 1001 — no oath required.

Do not consent to a search. If they have a warrant they do not need permission.

Do not destroy anything. A preservation duty attaches the moment you know of the investigation.

Write down what happened — names, agency, time, what was asked, what was taken — the same day.

Then call (214) 225-7117. The pre-indictment window is the most valuable period you have.