Counterintelligence Investigation Defense

Experienced Lawyers Representing Clients in US Counterintelligence Investigations

Our lawyers represent clients during counterintelligence investigations involving all US federal government agencies. This includes personnel security investigations as well as investigations targeting individuals and organizations worldwide. Various types of suspicious activities can trigger scrutiny from federal law enforcement agencies, and this scrutiny can create exposure to substantial penalties.

Attorney Nick OberheidenInternational Litigation Team Lead

Oberheiden PC is a federal compliance and defense law firm that represents individuals and organizations worldwide. With a defense team that includes former US Department of Justice (DOJ) prosecutors and Federal Bureau of Investigation (FBI) personnel, we offer deep experience on both sides of counterintelligence investigations. We handle counterintelligence investigations involving all federal law enforcement agencies, representing civilian targets and military personnel as well as foreign agents, foreign organizations, and other foreign parties.

Counterintelligence investigations require experienced legal representation. Engaging knowledgeable defense counsel promptly is critical for avoiding unnecessary consequences. If you are facing a counterintelligence investigation (or if you are facing the threat of a counterintelligence investigation), our law office can conduct a comprehensive risk assessment and get to work immediately building and executing a strategic defense.

Matters We Handle

We handle all types of counterintelligence investigations involving US federal law enforcement authorities. This includes investigations targeting allegations ranging from interfering with intelligence activities to misusing classified information and classified material, and from engaging in espionage to exploiting vulnerabilities to access government systems and facilities. Representative examples of the matters with which our counterintelligence defense team can assist include:

Defense Counterintelligence and Security Agency (DCSA) Investigations

Our attorneys provide representation for counterintelligence investigations involving the Defense Counterintelligence and Security Agency (DCSA) (formerly the Defense Investigative Service (DIS)) and its Center for Development of Security Excellence (CDSE). The DCSA shares responsibility with various other federal agencies (including, but not limited to, those discussed below) for protecting US national security, and it has broad authority to conduct counterintelligence investigations under various federal laws and regulations.

FBI Counterintelligence Division Investigations

The FBI’s Counterintelligence Division is based in the Bureau’s Washington, DC, headquarters, but it operates around the globe. Its mission is to uncover intelligence activities in the United States, with a particular emphasis on protecting critical assets and the secrets of the US intelligence community. While this includes uncovering spying and other covert activities, it also increasingly includes uncovering evidence of technological access to federal databases and federal contractors’ systems. The FBI is prioritizing education and training in this area, and it has implemented extensive procedures to promote protection and oversight in the digital realm.

National Industrial Security Program (NISP) Investigations

National Industrial Security Program (NISP) investigations are conducted by the DCSA on behalf of other federal government agencies. The DCSA services over 100 federal entities and conducts somewhere around two million background interviews and investigations annually. NISP investigations can pose substantial risks, and individuals accused of improperly having access to sensitive information or government property (among other federal crimes) can face steep penalties.

National Security Agency (NSA) Investigations

The National Security Agency (NSA) conducts counterintelligence investigations in accordance with its mandate to protect the United States from foreign threats. Its personnel rely on substantial knowledge and resources to conduct investigations around the globe. While the NSA focuses primarily on threats related to foreign powers, it also targets other threats to US national security, including domestic and foreign intelligence activities conducted by terrorist organizations.

Other Counterintelligence Investigations in the US and Abroad

We handle other counterintelligence investigations in the US and abroad as well. This includes, but is not limited to, DOJ investigations, National Center for Credibility Assessment (NCCA) investigations, US Army CI investigations (which focus on the activities of Army personnel within military operations), and investigations conducted by other agencies within the federal government. We also handle cases involving cross-border collaboration when multiple countries’ law enforcement and foreign policy interests align, and we have extensive experience representing clients in high-stakes international matters.

What We Can Do During a Counterintelligence Investigation

If you are facing a counterintelligence investigation involving any US federal agency, there are several ways our attorneys can help. We can make arrangements for you to speak with one of our attorneys in strict confidence right away, and we can intervene in the government’s investigation immediately if this is necessary to protect you. Examples of the legal services we can provide during counterintelligence investigations include:

Helping You Understand Your Situation – Our attorneys can explain everything you need to know about facing a US counterintelligence investigation in the US or abroad. We can also advise you regarding exercising your right to remain silent—including your right to refuse to sit for an interview without legal representation.
Helping You Avoid Costly Mistakes – Our attorneys can also help you avoid costly mistakes. For example, when facing a counterterrorism investigation, you must be careful to avoid allegations of spoliation or obstruction of justice by deleting or altering relevant records. While you must cooperate with lawful subpoenas to the extent required by federal law, you are entitled to (and should) assert the attorney-client privilege as warranted, and you should document all interactions with federal investigators so that you have a clear record of what evidence the government has acquired.
Assessing Your Risk and Executing a Strategic Defense – Once we have a clear understanding of the nature of the government’s investigation, we can assess the risks involved. For organizations, we can also assist with establishing clear reporting and internal compliance protocols and conduct assessments to identify vulnerabilities before the investigating agency (or agencies) uncover them. In all cases, we can assist with developing and executing a strategic defense that is custom-tailored to the circumstances at hand and that is designed to provide maximum protection from the federal government’s inquiry.

After our attorneys review everything that has happened to date, we will be able to help you make informed and strategic decisions about your next steps. We will also be able to begin interfacing with the relevant federal authorities on your behalf. In this scenario, careful decision-making is critical, and we can use our experience and insights to your advantage to help you avoid making costly mistakes.

FAQs: Defending Against a Federal Counterintelligence Investigation in the US or Abroad

What is the Defense Counterintelligence and Security Agency (DCSA)?

The Defense Counterintelligence and Security Agency (DCSA) is the largest security agency in the US federal government. Its headquarters is located at the Marine Corps base in Quantico, VA, and it has 167 field offices across the United States.

Along with overseeing more than 100 federal entities, the DCSA also oversees approximately 10,000 cleared contract companies. Facing scrutiny from the DCSA under its National Industrial Security Program (NISP) can pose serious risks; and, if you have concerns about the DCSA looking into your background or recent activities, you should consult with an experienced federal defense attorney promptly.

Can the personnel vetting process lead to a federal counterintelligence investigation?

Yes, the personnel vetting process can lead to federal counterintelligence investigations targeting civil servants (or aspiring civil servants), military servicemen and servicewomen, and government contractor employees. If you are under investigation after going through the DCSA vetting process, you need to be very careful to protect yourself; and, again, you should consult with an experienced federal defense attorney right away.

What does it mean if I am being investigated under the Army’s Threat Awareness and Reporting Program (TARP)?

The Threat Awareness and Reporting Program (TARP) is one of the US Army’s primary tools for uncovering espionage, subversion, and unauthorized access to Army counterintelligence systems. Army Regulation (AR) 381-12 requires reporting of suspicious activities by Army personnel under TARP, and facing scrutiny under TARP can have serious consequences. If you are being investigated under TARP, you should engage experienced defense counsel immediately.

What are the potential consequences of a US counterintelligence investigation?

Counterintelligence investigations can pose substantial risks for targeted individuals and entities. These investigations can lead to criminal prosecution under numerous federal statutes, and potential penalties can include substantial fines and prison time. For federal government personnel, military personnel, and government contractor employees, facing a counterintelligence investigation can have serious employment-related consequences even if it does not lead to federal criminal charges.

What should I do if I am facing a US counterintelligence investigation?

If you are facing (or your organization is facing) a US counterintelligence investigation, your first priority should be to engage experienced defense counsel. You need to be extremely careful to avoid costly mistakes in this scenario, and you need to ensure that you are making informed and strategic decisions based on the advice of a team of experienced attorneys. Our attorneys are available to provide representation on an emergency basis, and we handle counterintelligence investigations throughout the United States and worldwide.

Speak with a Counterintelligence Investigation Defense Attorney at Oberheiden PC

If you would like to speak with a counterintelligence investigation defense attorney at Oberheiden PC, we encourage you to contact us promptly. Call 888-680-1745 or inquire online to arrange a free and confidential initial consultation today.

Related Pages:

INTERPOL Defense

Federal Agency International Enforcement

Defense for US Citizens Abroad

Crisis Response & Family Resources