Avoiding Prison in IM Investigations

15 replies
There have been a number of high profile government investigations and actions against Internet marketers. Not just of recent note, but over the years.

Google is reportedly under investigation by the FTC, US Department of Justice, states of Texas, New York, Ohio and California, the US Congress, and the European Union.

Not surprisingly, Google is resisting Congressional requests for its top officers, Larry Page and Eric Schmidt, to appear and testify.

What to do if you get a call or request from any government agency? Even if you are not the target of the investigation.

Two things.

First, get a lawyer. Probably no surprise there. But this may be - even if it is an FTC civil issue, consider also talking to a criminal lawyer. Buying an hour or two of advice can be invaluable.

Second, do not say anything until you speak with a lawyer. This is where it can get really, really messy.

There is always someone who proclaims they will provide any information requested because "they have nothing to hide". Big mistake.

Martha Stewart said "I am innocent" of insider stock trading. Later, she went to prison for "obstruction of justice" because the government claimed, in part, her "I am innocent" statement was false. She was never convicted of insider trading.

Barry Bonds was found guilty of "obstruction of justice" for denying steroids use. He was never convicted of steroids use.

Have nothing to hide? What if you forget something? What if you misspeak?

You may be pressed hard to provide information, and you will not want to look like you have something to hide.

But keep in mind that your biggest risk may not be what is being investigated. That may only result in money being paid. Your biggest risk is how you handle the investigation. That can result in prison time.

.
#avoiding #investigations #prison
  • Profile picture of the author tpw
    Thanks for the head's up.
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    Bill Platt, Oklahoma USA, PlattPublishing.com
    Publish Coloring Books for Profit (WSOTD 7-30-2015)
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  • Profile picture of the author sparckyz
    Wouldn't they think you're guilty if your first reaction isn't to deny the allegation?

    So what should you say? if anything..
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    • Profile picture of the author tpw
      Originally Posted by sparckyz View Post

      Wouldn't they think you're guilty if your first reaction isn't to deny the allegation?

      So what should you say? if anything..

      If they are investigating, they already think you are guilty.

      And, the fool is usually identified when he/she opens his/her mouth...
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      Bill Platt, Oklahoma USA, PlattPublishing.com
      Publish Coloring Books for Profit (WSOTD 7-30-2015)
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    • Profile picture of the author kellyburdes
      You shouldn't say anything.

      Do you know how a fish get's caught?
      It opens it's mouth.


      Originally Posted by sparckyz View Post

      Wouldn't they think you're guilty if your first reaction isn't to deny the allegation?

      So what should you say? if anything..
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  • Profile picture of the author Leveragist
    No matter how many times we've seen in on TV and in movies, most people still do not heed the Miranda warning:

    "You have the right to remain silent. Anything you say or do can and will be held against you in the court of law."

    Keep your mouth shut until you speak to an good attorney, not your uncle Bob who's a divorce lawyer.
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    • Profile picture of the author BloggingPro
      Originally Posted by Leveragist View Post

      "You have the right to remain silent. Anything you say or do can and will be held against you in the court of law."
      In the state of Colorado your Miranda rights don't have to be read to you until AFTER you have been arrested (placed in hand cuffs). Even then if the investigators or arresting officers don't plan to ask you anything AFTER you have been arrested no Miranda rights will be spoken to you.

      Your best case scenario is to always tell an investigator or the police that you will not speak to them until after you talk to your lawyer. Period. No ands. No ifs. No buts about it.

      I've damn near gone to jail because I didn't consent for a search of my motor vehicle. I had nothing to hide, but it is my civil liberty to deny unlawful search without a warrant. As is it is also my liberty to not speak about an incident or investigation until after I have met with a lawyer.
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      You're going to fail. If you're afraid of failure then you do not belong in the Internet Marketing Business. Period.
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  • Profile picture of the author kposs
    Say nothing, nada, zip. Limit your statements to a request to speak with your attorney. That's it. Remember, they can lie to you as much as they want!
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  • Profile picture of the author GarrieWilson
    How do you politely say; Leave. I am talking to my attorney first?

    Especially with the resent SCoUS rulling on "probable cause".

    -g
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    • Profile picture of the author VanessaB
      Brian,
      Thank you. Timely post. I'd like to add, from personal experience, that you should treat lawyers the same way you should treat doctors... by seeking out the opinions of several specialists in whatever area the problem is in.

      I had one attorney who charged me $1,500 for a 5 minute phone call where he wanted me to spend another several thousand dollars on 'forensic accounting experts' to look over my books to find any discrepancies and correct them before turning them over to investigators -(who incidentally had no probable cause to investigate me)....

      A second legal opinion advised me to tell the investigator to get a warrant, and since there was no probable cause, everything went away. They couldn't get a warrant without that probable cause.

      Thank goodness for the second attorney, or who knows what that first one would have cost me in attorney fees, forensic accounting fees, and fines for the 'discrepancies' that were never remedied by some 'oops' on their part.

      -Dani
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      • Profile picture of the author ZILLIONAIRE
        Originally Posted by DanielleS View Post

        Brian,
        Thank you. Timely post. I'd like to add, from personal experience, that you should treat lawyers the same way you should treat doctors... by seeking out the opinions of several specialists in whatever area the problem is in.
        -Dani
        Very good advice, thanks for sharing your personal experience with us.
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  • Profile picture of the author HigherPrThanGod
    Cool information.

    Can I work on my sites from prison?
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    • Profile picture of the author tpw
      Originally Posted by HigherPrThanGod View Post

      Cool information.

      Can I work on my sites from prison?

      Some do.....
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      Bill Platt, Oklahoma USA, PlattPublishing.com
      Publish Coloring Books for Profit (WSOTD 7-30-2015)
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    • Profile picture of the author BryanC
      Originally Posted by HigherPrThanGod View Post

      Cool information.

      Can I work on my sites from prison?
      I do believe there are some prisons that provide internet access to inmates. Imagine the copywriting potential of a sales letter for a product launched from your jail cell.

      "If I can implement these CASH GRABBING methods from my jail cell, anyone can do it!"
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      • Profile picture of the author BloggingPro
        Originally Posted by BryanC View Post

        I do believe there are some prisons that provide internet access to inmates. Imagine the copywriting potential of a sales letter for a product launched from your jail cell.

        "If I can implement these CASH GRABBING methods from my jail cell, anyone can do it!"
        I got one better. A Prison dating website! Oh wait...

        Meet-An-Inmate.com - Male and Female Inmates Desire Pen pals

        "It's better than Ripley's!"
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        You're going to fail. If you're afraid of failure then you do not belong in the Internet Marketing Business. Period.
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  • Profile picture of the author entry
    What is the crime, for investigations?

    for selling your products on clickbank?

    or making money with adsense ?
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    I Have to say a Massive...THANK YOU to every Warrior who has helped me, and thanks to every warrior who helps me in the future...
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