Congressional Conduct Investigation Attorney

What Happens After a Congressional Inquiry?

An inquiry is assigned to a Congressional Correspondence Specialist once it has been opened and an identification number has been assigned. The Correspondence Specialist carefully reviews the information provided by constituents and determines which Action Office or Offices should be involved.

What Is a Congressional Conduct Investigation?

Congress has immense legislative powers and thorough control over how politicians and federal government employees behave professionally. Although there is nothing within the Constitution of the United States that explicitly gives Congress the ability to investigate potential wrongdoings, it possesses this ability all the same due to its inherent purpose. Therefore, when Congress decides to look into possible misconduct, it is known as a congressional conduct investigation.

Since a congressional conduct investigation can be an expensive and lengthy process, only serious allegations will actually be considered for review. However, anyone who has been handed a subpoena or been notified that an investigation is pending must react accordingly, as the investigation will most likely be conducted at that point.

Congress may begin a conduct investigation if it is notified that a politician, federal employee, or congressional staff member has:

• Committed misconduct: A member of a federal branch of government, whether they are a member of Congress or not, must follow an extensive amount of regulations whenever in any professional context. There are even guidelines for how to act when outside of work. An egregious violation of these rules could constitute a congressional conduct investigation.
• Sought sensitive information: Sometimes, simply requesting certain materials or information can be enough to trigger a congressional conduct investigation, especially if the documents requested are well above the individual's security clearance.
• Breached security protocols: Any word of potentially breached security will catch the attention of Congress members and other federal agencies. Violations of security protocols and codes of conduct could potentially jeopardize the wellbeing of the average American, depending on what the security breach entailed. Therefore, congressional conduct investigations of this nature will likely be the most tenacious and thorough. 
• Misappropriated funds: Some Congress members and federal employees will have direct control over vast sums of money, either earned through lobbying or for use funding different approved projects. When finances go missing or seem to be used without the expected end result, it could warrant a congressional conduct investigation.

How Do Federal Investigations Work?

When an employee is under investigation, they will be notified that a federal investigator or their immediate supervisor needs to meet with them. Typically, this notification occurs the same day the employee falls under investigation or shortly thereafter.

Depending on what the employee is being investigated for, investigators can be from various organizations in the government. Supervisors, human resources employees, agency investigators, and agents for the Office of Inspector General (OIG) or Internal Affairs can all be investigators. In some cases, agencies even utilize contracted investigators to look into allegations of employee misconduct.

Once the employee meets with the investigator overseeing their case, one of three things often happens:

• The investigator presents the employee with questions about their case.
• The investigator asks the employee to sign a Garrity statement, a kind of voluntary agreement to be interviewed. This option is usually extended to unrepresented employees.
• The investigator asks the employee to sign a Kalkines warning, which forces the employee to acknowledge that they are being ordered to speak with investigators under penalty of disciplinary action.

Typically, Kalkines warnings are the best option for employees in this situation, since it offers more legal protections for the employee in question.

After the employee signs a Garrity statement, Kalkines warning, or agrees to speak with investigators, they may be asked to speak with investigators over one or a series of interviews.

At this stage or when they are first notified of the investigation, many federal employees should procure legal counsel. Without counsel, employees inadvertently trap themselves into signing statements without understanding the full ramifications of their actions, putting their careers in jeopardy.

A competent federal employment attorney can advise you throughout the investigation process, helping you prepare for interviews and understand your rights as a federal employee. As a result, it will be significantly easier for you to obtain a favorable outcome in your federal employee investigation.

What are the Consequences of a Mishandled Investigation?

When a congressional conduct investigation begins, the person targeted by it can take appropriate steps to try to clear the air and their name. They may even be asked to help with the investigation, and doing so can be seen as a sign of good faith. Failing to provide evidence to the contrary of the allegations or suspicions could be disastrous for the individual. 

It is not uncommon for someone targeted by a congressional conduct investigation to lose their position as a politician or federal employee due to the findings. Beyond job loss, the individual's reputation will likely be severely damaged. This after-effect can make it nearly impossible to find similar employment in the future, even if the individual switches agencies or moves to a new state to pursue a political career. Thus, the best bet is usually tackling the accusations head-on rather than letting the system control the situation and decide the outcome.

Understanding Your Rights During a Congressional Conduct Investigation

Facing a Congressional conduct investigation can be a daunting experience, but it's crucial to understand your rights throughout the process. At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, we prioritize our clients' rights and ensure you're well-informed at every stage. Here’s what you need to know:

During a Congressional conduct investigation, you have the right to:

• Legal Representation: You can choose a skilled attorney to advocate for you, ensuring your interests are protected.
• Confidentiality: Your communications with your attorney are confidential, allowing you to discuss sensitive information without fear of public exposure.
• Due Process: You are entitled to a fair review of the allegations being made against you, including the right to present your side of the story.
• Evidence Review: You have the right to access and review evidence presented in the investigation, enabling you to prepare an effective defense.
• Appeal: If you receive unfavorable findings, you may have the right to appeal the decision, depending on the specifics of your case.

Understanding these rights is essential in navigating the complexities of a Congressional investigation. Our experienced attorneys are here to provide the guidance and support you need to protect your interests and achieve the best possible outcome. Don’t hesitate to reach out for a consultation.

Why Choose The Law Firm of John P. Mahoney, Esq. for Your Congressional Conduct Investigation?

When facing the challenges of a congressional conduct investigation, you need a legal team with the expertise and experience to navigate complex legal landscapes. The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC is dedicated to providing personalized legal representation that prioritizes your rights and interests.

Here are a few reasons why we stand out in handling congressional conduct investigations:

• Comprehensive Legal Knowledge: Our attorneys possess an in-depth understanding of both congressional procedures and legal standards, enabling us to craft tailored strategies for your case.
• Proven Track Record: We have successfully represented clients in various congressional inquiries, demonstrating our ability to achieve favorable outcomes even in the most complex situations.
• Strong Advocacy Skills: Our team is committed to advocating on your behalf, ensuring that your voice is heard and your rights are protected throughout the investigation process.
• Confidential and Trustworthy Support: We understand the sensitivity of congressional investigations and maintain strict confidentiality, fostering a trusting environment to discuss your concerns.
• Accessible Communication: Our attorneys are always available to answer your questions and provide updates on your case, ensuring that you stay informed every step of the way.

Let us help you navigate the complexities of congressional conduct investigations with confidence. Contact The Law Firm of John P. Mahoney today for a consultation and take the first step towards safeguarding your future.