Under investigation for fraud

[Intrbl??]

What is the name of your state? Michigan
I received a subpoena from a Federal court in california for documents of a company I owned abroad. One of my clients has obviously filed a complaint with the FBI because money was invested and due to my stupidity or market conditions or whatever, the money was lost. I assume there is a belief that I may have profited and hidden the money. I have not been charged with anything. All they are asking for is documents which unfortunately most if not all were left behind in the country and eventually destroyed.
I would like to cooperate because I believe I haven't done anything illegal however, sometimes cooperating with the Feds is like putting the noose around your own neck.
Should I be advised by an attorney on how to proceed during the investigative stage or only if it becomes an indictment. I really can't afford thousands of dollars on attorney fees so if I am not represented by an attorney at all is it equivalent to being at the mercy of the federal prosecutors?
Any help in this area will be GREATLY appreciated.

 

[HomeGuru]

What is the name of your state? Michigan
I received a subpoena from a Federal court in california for documents of a company I owned abroad. One of my clients has obviously filed a complaint with the FBI because money was invested and due to my stupidity or market conditions or whatever, the money was lost. I assume there is a belief that I may have profited and hidden the money. I have not been charged with anything. All they are asking for is documents which unfortunately most if not all were left behind in the country and eventually destroyed.
I would like to cooperate because I believe I haven't done anything illegal however, sometimes cooperating with the Feds is like putting the noose around your own neck.
Should I be advised by an attorney on how to proceed during the investigative stage or only if it becomes an indictment. I really can't afford thousands of dollars on attorney fees so if I am not represented by an attorney at all is it equivalent to being at the mercy of the federal prosecutors?
Any help in this area will be GREATLY appreciated.

**A: please advise the dollar amount of the claim, if your company employed Arthur Anderson as a financial consultant and if you personally know executive management at Enron, WorldCom etc.

 

[Intrbl??]

thanks for the help!!

 

[JETX]

Q1) "I received a subpoena from a Federal court in california for documents of a company I owned abroad. One of my clients has obviously filed a complaint with the FBI because money was invested and due to my stupidity or market conditions or whatever, the money was lost. I assume there is a belief that I may have profited and hidden the money. I have not been charged with anything."
A1) You claim you haven't been 'charged', but you apparently have been sued (since you say you got this subpoean from a court)... or are in the process of being sued. And the fact that you haven't been charged, doesn't mean you won't be.

Q2) "All they are asking for is documents which unfortunately most if not all were left behind in the country and eventually destroyed."
A2) Even I would doubt this 'explanation'.

Q3) "Should I be advised by an attorney on how to proceed during the investigative stage or only if it becomes an indictment."
A3) Confusing. You said that the subpoena was from court (which would imply a civil action) and that would not involve an indictment. However, from the very little information in your post, it certainly sounds like you should find out what the REAL risk is (civil or criminal) and hire a very good attorney.

Q4) "I really can't afford thousands of dollars on attorney fees so if I am not represented by an attorney at all is it equivalent to being at the mercy of the federal prosecutors?"
A4) Depends on whether this is criminal (and then, yes, without an attorney you are at extreme risk), or civil (and without an attorney you will likely have a judgment rendered against you).

 

[Intrbl??]

This is VALUABLE info

Thank you. This is something I find useful.
Unfortunately, as hokey as it sounds, that is the truth... all the documents were left behind. Some may be obtained from the financial institutions I dealt with.

I'm sure I have my terminology all mixed up. What I received was a "Federal Grand Jury Subpoena" from the US Attorney, Central District of California. it says... subpoena seeks certain information regarding a current criminal investigation by the FBI.

I am wondering if an attorney would recommend I don't send these documents since they may contribute to my being charged (if they ever do). My guess is I will be charged and then I'll have to request a public defender but can I request one at this stage? Do I need to move to California if this goes to trial?
Do they come to my office or house and put handcuffs on me in view of everyone present or do they ask me to show up somewhere?

This is the first time something like this has happened and I am very concerned. thanks for your help!!

 

[JETX]

You are very likely in SERIOUS trouble. There are simply several types of subpoena's. You will need to read the full subpoena and see if they are demanding YOUR apearance or the documents, or both.

Due to the seriousness of this (YOU are being investigated for possible FEDERAL criminal charges), I would strongly recommend you get an attorney.

Q1) "I am wondering if an attorney would recommend I don't send these documents since they may contribute to my being charged (if they ever do)."
A1) Without seeing the documents themselves, there is no way for anyone on this forum to answer this one.

Q2) "My guess is I will be charged and then I'll have to request a public defender but can I request one at this stage?"
A2) No.

Q3) "Do I need to move to California if this goes to trial?"
A3) If you are charged with a federal crime, they will make arrangements for you to appear.... AND for temporary (you hope) housing.

Q4) "Do they come to my office or house and put handcuffs on me in view of everyone present or do they ask me to show up somewhere?"
A4) If a federal warrant is issued for your arrest, depending on the risks and charges, you would likely have a chance to 'voluntarily surrender' to the charges.