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From my recollection of the crime, federal investigators were actually tipped off to Burgler's activities while he was committing them. There was some indication that they began to monitor the materials that he was requesting from the Archives Center.

http://www.foxnews.com/story/0,2933,126428,00.html

"White House spokesman Scott McClellan said Wednesday that the Justice Department notified the office of White House legal counsel Alberto Gonzalez about the probe before news of it leaked to the media Monday.

"My understanding is that this investigation has been going on for several months and that some officials in our counsel's office were contacted as part of the investigation," McClellan told reporters. "The counsel's office is the one that is coordinating with the Sept. 11 commission the production of documents and since this relates to some documents, the counsel's office was contacted as part of that investigation."

The Justice Department is investigating whether Berger committed a crime by removing from the National Archives (search) copies of documents about the government's anti-terror efforts and notes that he took on those documents. Berger was reviewing the materials to help determine which Clinton administration documents to provide to the independent commission investigating the Sept. 11, 2001, terror attacks."