An NYC FBI Investigation Lawyer Before Your First Answer to an Agent
When an FBI agent calls, leaves a card, or asks your coworkers about you, one question shapes everything after it: are you a witness, or the person they plan to charge? You need that answer before you say another word to anyone with a badge or touch a single file.
As an NYC FBI investigation lawyer, our lead attorney Jonathan Savella has appeared as counsel in 3 published Second Circuit decisions. From our office at 100 Pearl Street in Lower Manhattan, we take over every conversation with agents and prosecutors, learn where you stand, and protect your record while that answer takes shape.
Tell us who reached out and what they asked, and we will go over your options together.

We represent individuals, executives, and business owners at every stage of a federal investigation in New York City.
The first sign usually arrives in one of these forms:
Federal law treats an inaccurate statement to federal investigators about a material fact as a serious matter, even when the underlying conduct was never a crime. Agents often ask about dates, meetings, and money, and those are details anyone can remember differently after a stressful day.
Agents usually write their own summary of an interview afterward, and that summary becomes the government’s record of what was said. We can take on that conversation for a client, or help decide together whether a conversation needs to happen at all.
Even an honest answer can cause confusion later. A rough estimate of money moved, or a forgotten meeting that a text thread later shows, can be read as something it was not. Having counsel speak on a person’s behalf gives everyone a clear, accurate record to work from, and we are glad to talk through what that looks like.
Prosecutors commonly describe the people in an investigation as witnesses, subjects or targets. A witness has information, a subject is someone whose conduct falls inside the investigation, and a target is someone against whom prosecutors already hold substantial evidence and expect to bring charges.
Whenever we can, we ask the assigned prosecutor where you stand, because the answer helps us decide together whether the best next step is waiting, a written response, or a meeting with prosecutors. A meeting like that, known as a proffer, has its own considerations, and we talk them through with you before anything is decided.
A search warrant lets agents copy a phone, a laptop, and a cloud account in one visit, and a grand jury subpoena can pull years of bank, payroll, and email records from the institutions that hold them.
Deleted messages are not gone. Investigators can often recover them from phones and cloud backups, and deleting anything after learning of an inquiry can create a second problem worse than the first. The first thing we usually suggest is a simple one: leave your devices, accounts, and folders as they are while we talk things through. We can put that in writing, so you and anyone who reviews the file later can see exactly what stayed in place and when.
Whether company counsel represents the company, the employee, or both is not always clear, and it’s something we can help think through.
Neither law requires proof that the person committed the crime being investigated. Both turn on intent, and a routine retention policy or an honest memory lapse can explain conduct that looks suspicious in isolation. Documenting those explanations early, while the records still exist, can make a real difference, and we’re glad to help with that.
If agents make contact, these steps keep the facts clean for the lawyer who takes over:
Let our office reply to agent voicemails and texts. Bring your list to a consultation.
Jonathan Savella has appeared as counsel in 3 published Second Circuit decisions, from the federal appeals court that reviews criminal cases out of both New York City districts.
In 2013, he and Marc Fernich represented the appellant when the court vacated a narcotics importation conviction for cumulative trial errors, including shackling without findings and a failure to investigate a reported juror problem. The other two decisions, in 2016 and 2012, are summarized in the table below.
Each outcome below comes from the firm’s published case results and matches the court or Department of Justice record.
| Outcome | Case Type |
|---|---|
| Conviction vacated and remanded | Narcotics importation and possession with intent to distribute, Second Circuit, 2013 |
| Sentence vacated in part and remanded for resentencing | Wire fraud and wire fraud conspiracy, Second Circuit, 2016 |
| Misdemeanor plea and no-jail sentence | Federal environmental offense, N.D.N.Y., 2021 |
Prior results do not guarantee a similar outcome.
The FBI New York Field Office sits at 26 Federal Plaza, 23rd Floor, and covers the 5 boroughs, 8 counties in New York State, LaGuardia Airport, and JFK Airport. Cases that reach a courtroom go to one of 2 federal courts. The Southern District sits in Manhattan at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, with additional courtrooms at 40 Foley Square and a courthouse in White Plains at 300 Quarropas Street. The Eastern District sits in Brooklyn at the federal courthouse at 225 Cadman Plaza East and holds court for Long Island in Central Islip.
An investigation run by agents at 26 Federal Plaza can go to prosecutors in either district, and prosecutors from other districts or Justice Department components sometimes join. The Second Circuit reviews appeals from both. A subpoena or target letter names the office that issued it, and that name tells us which prosecutors are involved before we make the first call.
Our office at 100 Pearl Street, Suite 1801, is in Lower Manhattan, and our lead attorney has been admitted in both districts since 2011. The first call can come to us no matter which courthouse ends up with the case.
Agents approach people in New York in a few recurring settings. Traders, analysts, and compliance staff at financial firms get questions about a colleague’s trades. Travelers and importers moving cash or goods through LaGuardia and JFK can face a seizure and questions in the same afternoon.
Medical practices and billing staff get requests for patient and insurance records, and property owners and lenders get asked about mortgage files. Accountants and other professionals whose clients are under review may receive requests to produce files, which raises confidentiality questions that need a lawyer before any file leaves the office.
These are common situations, not a complete list. In each one, a person contacted as a witness can move toward subject status as records come in, which is why the first answer matters. For businesses, the contact often arrives through a general counsel, an HR department, or an outside accountant, and each channel needs its own instruction.
Owners of family businesses, funds, and startups may hear from agents whose first question concerns a vendor, an investor, or a former employee. We take these matters from any borough, and from Long Island, Westchester, and New Jersey.
Some FBI investigations end in an indictment, and people often learn of it only when agents arrive with an arrest warrant or when a prosecutor’s office calls counsel to arrange a surrender. In white-collar cases where counsel is already involved, prosecutors may agree to a voluntary surrender at a set time, which avoids an arrest at home or at work.
The first court appearance happens before a magistrate judge, who decides on release conditions, so the bail argument has to be ready before the defendant walks in. Our office handles bail applications, and we begin gathering the letters, financial records, and sureties that support release while the investigation is still open. Starting that work before charges exist is one more reason to bring counsel in at the first agent contact.
An indictment also moves the case into a fixed sequence of court dates and starts the exchange of evidence. Prosecutors must turn over material favorable to the defense, and the motions that follow can challenge how agents took statements and searched devices. The record from the investigation, including what the person said and what agents seized, becomes the raw material for those motions.
In most cases, yes, it helps to talk with a lawyer first. Nothing obliges you to talk with agents on the spot, and asking that your lawyer call them back is a routine response. Even a friendly call from an agent is an interview, and an agent can repeat anything said in a later report. A subpoena is different because it carries a return date printed on its face, and that date is the deadline to involve a lawyer. Reaching out to us before you respond gives us the chance to help with that conversation.
It usually depends on where the alleged conduct happened. The Southern District covers Manhattan, the Bronx, and Westchester, Rockland, Putnam, Orange, Dutchess and Sullivan counties, and the Eastern District covers Brooklyn, Queens, Staten Island, Nassau, and Suffolk. A case can also start in one district and move to another when the alleged conduct crossed state lines. Some cases involve more than one district, and once we know what the agents asked about, we can usually narrow down which court is likely. Sharing the agent’s name and the topic helps us work that out.
Often, yes. We can ask the case agent or the assigned prosecutor for your status, and the answer, or a refusal to give one, shapes the plan. A subpoena pattern or a letter can tell us the same thing, so we read those alongside the agents’ questions. Prosecutors are not required to answer, so we treat each response as one piece of information rather than a promise. Reaching out to us lets us start that inquiry without you speaking to anyone.
At the first consultation, we listen to what the agents said or delivered to you, and we go over your options together before discussing representation and fees. That conversation gives us the facts we need to say whether an interview, a subpoena response, or a search needs attention first. Any letter, subpoena, business card, or notes from the contact help us go through what happened in detail.
Agents often speak with people who have not yet had a chance to talk with a lawyer, and those conversations can become part of the file prosecutors read later. Start by filling out our contact form and tell us who reached out, what they asked, and anything they left behind, and we will go over your options together in a free, confidential consultation, so you have a clear picture before you decide how to respond.
Jonathan Savella has appeared as counsel in 3 published Second Circuit decisions and wrote for Law360. The Law Office of Jonathan Savella represents clients from 100 Pearl Street in Lower Manhattan.