Received a Letter from the Attorney General in New York, NY?

If you received a letter from the Attorney General, it is important to at least consult with an attorney to ensure that you have an appropriate response, given the circumstances.

Types of Letters from the Attorney General

The Attorney General may send you a simple letter, a subpoena, or a civil investigative demand. Your response will depend on the content of the letter.

Usually, when you receive a letter from the Attorney General, you are considered a target in an investigation. Being a target means that there may be substantial evidence linking you to the commission of a crime.

At times, the Attorney General is just investigating a third party with whom you have a relationship with and seeking information from you regarding such third party. An experienced counsel will be able to guide you on the steps necessary in responding to the letter and in ensuring that if, indeed, the investigation is not about you as a target, then the investigation towards you be limited or steered towards a different direction.

Types of Crimes that the Attorney General Investigates

The attorney general investigates the following crimes: child welfare, corrections litigation, domestic violence, financial crimes, forensic science, habeas corpus, hate crimes, police misconduct, and sexual violence.

If you have received a letter from the Attorney General, consulting with an attorney as soon as possible in order to prepare a strong legal defense is important because this defense must be incorporated in your very first response to the Attorney General's letter.

How to Read the Letter

Every letter from the Attorney General's office should be read carefully and read more than once. The opening lines usually tell you what statute or program is involved (Medicaid Fraud Control, Charities Bureau, Antitrust, Consumer Frauds, Civil Rights, Environmental Protection, or another bureau). The body of the letter explains why the office is reaching out: to request information, to put you on notice that you are the subject of an investigation, to ask you to schedule a voluntary interview, or to demand the production of specific documents under a subpoena or civil investigative demand. The signature block tells you who is handling the matter, and the contact line tells you the deadline by which a response is expected.

Do not respond to the letter or call the named attorney before speaking with your own counsel. Anything you say to an investigator can be used against you. Even a "friendly" phone call to ask for an extension can be used as evidence.

Subpoenas From the Attorney General

A subpoena from the Attorney General is a legally enforceable demand for documents or testimony. It is not a request you can ignore. Refusal to comply, or even a sloppy partial compliance, can lead to a motion to compel, contempt findings, and adverse inferences in any later proceeding. At the same time, the scope of a subpoena is often overbroad. A skilled defense lawyer can negotiate the scope, narrow the categories, limit the time period, and protect privileged or sensitive material. Many subpoenas can be substantially reduced through cooperative dialogue with the assigned assistant attorney general.

Civil Investigative Demands

A civil investigative demand (CID) is a tool the Attorney General uses in civil and regulatory investigations, including consumer fraud, antitrust, charities oversight, and environmental matters. A CID can require document production, written answers to interrogatories, and sworn examination of witnesses. The recipient generally has the right to object on specific grounds and, in some cases, to move to quash. The deadline for objecting is short and is strictly enforced. Missing the objection window can waive defenses that would otherwise have been available.

The Difference Between a Witness, a Subject, and a Target

In an investigation, you may be classified as a witness, a subject, or a target. A witness is someone who has information about events but is not believed to have engaged in wrongdoing. A subject is someone whose conduct is within the scope of the investigation. A target is someone the prosecutor believes has substantial evidence linking them to the commission of a crime. Your classification controls your strategy. A witness may be willing to cooperate openly. A subject usually wants to demonstrate cooperation while preserving Fifth Amendment rights. A target is often best served by saying as little as possible and forcing the government to prove its case.

Bureaus Within the New York Attorney General's Office

The New York Attorney General's office is organized into specialized bureaus. The most common bureaus that send the kind of letters that bring clients to our office are:

Medicaid Fraud Control Unit (MFCU). Investigates fraud, waste, and abuse in the Medicaid program, as well as abuse and neglect in long-term care facilities. MFCU has both criminal and civil enforcement authority.
Charities Bureau. Oversees the registration and regulation of charitable organizations, professional fundraisers, and not-for-profit governance. Inquiries here often involve compliance, governance failures, or alleged misuse of charitable funds.
Consumer Frauds and Protection Bureau. Investigates deceptive trade practices under New York Executive Law Section 63(12) and General Business Law Sections 349 and 350.
Antitrust Bureau. Investigates restraints of trade, price-fixing, and monopolization under the Donnelly Act and federal antitrust laws.
Environmental Protection Bureau. Investigates violations of state environmental laws.
Labor Bureau. Investigates wage theft, classification fraud, and other labor law violations.
Civil Rights Bureau. Investigates discrimination, hate crimes, and civil rights violations.

What an Attorney Does in the First Forty-Eight Hours

When a client retains us within hours of receiving a letter, we move quickly. First, we issue a written legal hold to stop the destruction or alteration of documents, including emails, texts, and electronic records. Second, we contact the assigned assistant attorney general, identify ourselves as counsel, and request extensions where appropriate. Third, we conduct a privileged internal interview to learn what the client knows, what documents exist, and where the exposure lies. Fourth, we begin assembling the legal and factual response strategy. The earlier we are involved, the more options we have.

What Not to Do

Do not destroy, delete, or alter any document or electronic record. Even unintended destruction can be charged as obstruction.
Do not discuss the investigation with employees, family members, or business associates who are not represented by counsel. Such conversations are not privileged and can be subpoenaed.
Do not call the Attorney General's office yourself.
Do not assume that "I have nothing to hide" is a defense. The criminal and civil statutes the office uses are broad, and innocent people get caught up in them.
Do not ignore the deadline. Missing a deadline can result in default rulings, contempt, or expanded discovery.

Parallel Federal and State Investigations

State Attorney General investigations often run in parallel with federal investigations conducted by the U.S. Attorney's office, the FBI, HHS-OIG, or other federal agencies. A coordinated defense across all the agencies is essential. Statements made in one investigation can find their way into another. Settlements or guilty pleas in one forum can have consequences in the others. We have experience coordinating cross-jurisdictional defenses and managing the interplay among parallel investigators.

Possible Outcomes

Receiving a letter from the Attorney General does not mean a prosecution is inevitable. Many investigations end with no action taken once the office understands the facts. Others resolve through agreed corrective action, a payment, or a structured compliance program. Some lead to civil enforcement actions or criminal prosecutions. The earlier you engage counsel, the better your chance of steering the matter toward a favorable outcome.

How We Fee These Matters

The fee arrangement for representation in an Attorney General investigation depends on the complexity of the matter. For initial response and limited engagement, we may agree to a fixed fee or a capped fee. For full-scope representation through investigation and any resulting enforcement action, we typically work on an hourly basis with regular billing and budget updates. We discuss the fee structure at the initial consultation so there are no surprises later.

Confidentiality of the Initial Consultation

Everything you discuss with us during the initial consultation is protected by the attorney-client privilege, even if you do not ultimately retain us. That privilege allows you to share the full story so we can give you accurate advice about your exposure and your options. If you are uncertain whether you need a lawyer, or whether the matter is even serious, a confidential consultation is the right first step.

Reputational and Collateral Consequences

Even when an Attorney General matter does not lead to criminal charges, the collateral consequences can be substantial. Professional licenses may be reviewed. Business contracts may include disclosure obligations. Insurance carriers may require notification. Federal and state debarment lists may be implicated. We help clients think through these consequences from the start, not after the dust settles.

Call an Attorney Right Away

Receiving a letter from the Attorney General is a serious matter. Contacting experienced counsel is important in responding to the letter, subpoena, or investigative demand. Should you need legal representation, we, at the Law Offices of Albert Goodwin, are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].