Although I believe the author of the article probably received exactly what she deserved, my opinion of the FBI has diminished in recent years after an experience relating to one of my clients. The agents make rank by making collars, and they will sometimes do so through  questionable means regardless of the impact that it may have on some one other than the defendant's life...collateral damage.

Several years ago two of my clients were indicted for various counts of conspiracy and fraud. One of them was indicted on only one or two counts, and wanted a severance of his case for a separate trial because it would be less expensive to defend than if he remained in the joined cases.  During the course of the trial the investigating FBI agent was called to testify. During the course of cross examination it was established that the agent had lied to the defendant in order to obtain evidence. When he was asked why he lied...his response was "because I thought it would help my case." The defendant was ultimately disbarred, sentenced to perform community service and pay a $10,000.00 fine. His partner was not so lucky.

The case against his partner was much more serious, and took another year to come to trial. I was sitting in my office one day when in walked the same FBI agent. He said "We would like to interview you"...in connection with the case against the other defendant. Attorneys are bound by the rule of Attorney /Client privilege. As such attorneys can not divulge the contents of confidential communications with clients. I responded by saying that to the extent I was able to talk with them I would be happy to do so. To the extent that I was bound by privilege I would have to decline to discuss confidential communications. The FBI agent's response was... "Well, we don't think it involved privilege." My response to him was that he should move for a court order to make that determination, and that I would abide by the court order. In the mean time I would hire an attorney to determine if their interrogation was proper.

The FBI agent contacted me numerous times in the following weeks to pressure me to talk with him, the IRS and the U.S. Attorney. In other words...break privilege, which would have resulted in disciplinary action, possibly disbarment and a civil suit by my client. My attorney finally became involved. He contacted the agent three times to discuss the scope of the inquiry. His telephone calls were never returned, and I never heard from them again until the day of trial.

My testimony began late on a Friday afternoon. The judge recessed until the following Monday morning. As I was leaving the courtroom I heard the prosecutor call my name, and ask me not to leave yet. I waited in the corridor for about 15 minutes. The prosecutor and the same FBI agent finally emerged from the courtroom to talk to me. They wanted to interview me. I found it highly irregular because neither the prosecution or defense attorney's are supposed to talk with a witness while he is testifying because there may be undue influence exerted. I asked why they were talking to me on an ex parte basis without defense counsel being present also. Their response was..."Oh, they know what we are doing." I never really knew whether that was the truth. Apparently during the 15 minutes that I was waiting in the corridor they had requested leave of court to talk to me. The judge granted it I was told.

We started to discuss the impropriety of interviewing me in the middle of my testimony when the FBI agent chimed in with..."Yeah, I told you in your office last year that we wanted to interview you." I responded by reminding him that my attorney tried to get in touch with him three times without any response. The FBI agent denied it. 

When confronted by law enforcement officials the first question that has to be asked is "Am I a target of the investigation?'"  They have to tell you the truth so that you are able to invoke your 5th Amendment rights, and also hire an attorney to represent you. Otherwise they jeopardize their case at trial. When I asked that question the prosecutor got this pained look on his face, and responded by saying "That is kind of a hard question to answer."  I then asked if I would need an attorney present during the interrogation. The prosecutor again got the pained look on his face and said "Well, that is really a decision I would have to make." Since I could not get answers to my questions I responded by saying that until these questions were answered they would have to interrogate me on the witness stand on Monday morning.

So while I applaud the end result of your article, you will have to excuse my low opinion of the FBI's heavy handed investigative tactics to gain evidence with the resulting negative impact on innocent people's lives. I have had personal experience with it, and find their image to be a little tarnished. The end does not justify the means. This is a free society based on law and not one in which an end run around the individual's constitutional rights should be permitted.