How Federal Courts Enforce Grand Jury Subpoena Requests
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What to Do If You Receive a Federal Grand Jury Subpoena
If you receive a federal grand jury subpoena, that means that you or someone you know or were affiliated with is the target of a federal criminal investigation by the Department of Justice. In order for someone to be indicted, the Fifth Amendment to the United States Constitution mandates the use of a grand jury for all capital and infamous crimes. In practice, all federal felonies must be indicted by a grand jury unless a defendant waives the right and instead pleads to a so-called “Information.”
Understanding Federal Grand Juries
Federal grand juries in the United States are comprised of citizens who are chosen by the courts. The process of choosing a grand jury is somewhat similar to the process of picking a petit or trial jury. However, grand juries normally sit for an extended period of time and review numerous cases compared to a petit jury that sits for the duration of a single trial. Grand jury secrecy is important.Grand juries also have the power to issue a subpoena for documents and grand jury witness testimony that will help it evaluate the case. These subpoenas are issued at the request of the government. The subpoenaed materials are then returned to the grand jury in order to further its investigation.There are hundreds of grand juries throughout the United States. Some federal districts have more than one sitting at one time while smaller districts will employ only one. Grand juries meet on a schedule that is determined by the district in which it sits. Some may meet every two weeks or every month depending on the criminal case-load that exists in their particular district. The jury can hear numerous cases in one day and at the end of the session will vote to either approve the indictment (True Bill) or disapprove of the indictment (No Bill). If a True Bill is returned they have determined that probable cause exists to believe that the stated crime has been committed. At this point the individual(s) named in the indictment are officially charged with a crime.
Types of Grand Jury Subpoenas
When conducting grand jury investigations, the U.S. Attorney’s Office has a number of investigative tools at its disposal. One of these tools is the grand jury subpoena. Despite its name, this type of subpoena is issued by the U.S. Attorney ‘s Office – not the grand jury – and the U.S. Attorney’s Office has the power to issue these subpoenas without the need for judicial approval.There are two kinds of subpoenas from a grand jury:
- The first category of subpoena requires someone to deliver tangible evidence such as documents, pictures, videos, tape recordings, test results, bank records, corporate documents, accounting statements etc. to the jurors. This subpoena type is often referred to as a subpoena duces tecum.
- The second category of subpoena instructs someone to actually testify before the grand jury. This subpoena type is referred to as a subpoena ad testificandum.
Both types of subpoenas require the person who receives them to respond. As a practical matter, however, not all individuals who receive a grand jury subpoena duces tecum will actually be required to appear. Oftentimes, it will be possible to satisfy the requirements of a subpoena duces tecum by turning over documents or electronic files (or both) to the U.S. Attorney’s Office.There are grounds available to challenge federal grand jury subpoenas as well; and, in many cases, it will be in a subpoenaed party’s interests to either attempt to negotiate a reduced production obligation with federal prosecutors or file a motion to quash the subpoena in federal district court. From asserting Constitutional protections (such as the privilege against self-incrimination) to preserving the attorney-client privilege, there are numerous other critical factors to consider when responding to a federal grand jury subpoena duces tecum as well. As a result, upon being served with a subpoena duces tecum, the recipient must begin the process of responding to the subpoena immediately.
What Does It Mean to Receive a Grand Jury Subpoena?
A “target” is a person as to whom the prosecutor or the jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant. An officer or employee of an organization which is a target is not automatically considered a target even if such officer’s or employee’s conduct contributed to the commission of the crime by the target organization. The same lack of automatic target status holds true for organizations which employ, or employed, an officer or employee who is a target.A “subject” of an investigation is a person whose conduct is within the scope of the grand jury’s investigation. In terms of criminal exposure, a “subject” falls on the spectrum somewhere between a “target” and a “witness.” The prosecutor may believe a “subject” has engaged in criminal activity but does not have the corroborating evidence yet to label this individual as a “target.”A “witness” is an individual who may have information that law enforcement believes might be relevant in a criminal investigation to help prove either the guilt or the innocence of another individual. The criminal exposure of a “witness” is low – the prosecutor generally believes a “witness” did not do anything wrong but has information to aid the pending investigation.
Why Choose Spodek Law Group for Your Grand Jury Subpoena?
When you’ve been defending clients for as long as we have, there’s no trick we haven’t seen, likely no tactics we haven’t countered and no strategy we haven’t circumvented many times before. At Spodek Law Group, our clients place great trust in us because we understand that trust must be earned, not given. Here are a few reasons why clients facing federal investigations so commonly choose to place their trust in us:
- Experience: We are a small firm that packs a hefty punch in the form of a high level of combined experience at the federal level. We can confidently guide you through the byzantine corridors of federal regulations so that you can avoid a federal investigation in the first place. If it is already too late for that, we can leverage our federal experience to make a decisive difference in the outcome of your case.
- Government Insights: At our firm, your defense team will include former federal prosecutors who joined our firm after distinguished careers with the Department of Justice (DOJ). Their presence on your defense team ensures that we will be able to see your case from the government’s perspective, providing you with a critical advantage when we develop and execute your case strategy.
- Outcomes: We don’t play around with the lives or livelihoods of our clients. A great many of our cases have been dismissed or abandoned with no civil or criminal liability; and in other cases our clients have enjoyed outcomes far more favorable than they had dared to hope for. In addition to fighting for favorable outcomes, we also strive to achieve these results with a minimal investment of time and expense for the clients whom we serve.
- Our Teamwork: A group of individuals working independently is like an open hand, while a cohesive team is more like a clenched fist. If you are facing a healthcare fraud investigation, you can be sure that the government has assigned a team of investigators, federal agents, and prosecutors to your case. At Spodek Law Group, we will respond with a team of our own that effectively combines our lawyers’ experience and intellectual capital to provide you with the strongest possible defense.
- Commitment: No one understands better than we do how high the stakes are – a botched defense effort can result in millions of dollars in fines, company bankruptcy, and even time in prison. At Spodek Law Group, we consider it our solemn duty to stand by you in these tough times, so that you can enjoy the peace of mind of knowing that we are doing everything that can be done to secure a favorable outcome for you.
Spodek Law Group is one of the premier law firms in the country. If you’re on our website – it’s because you’re looking for the best. We have the experience and track record to handle any grand jury subpoena matter. Don’t take chances with your freedom or future.
