You are at home or at work, early in the morning or in the evening, and two federal agents show up at your door with a grand jury subpoena. What do you do and what is it about?
First, do not make any statements, do not talk with the agents about whatever it is they are seeking. Simply accept service of the subpoena, get their names and contact information, and let them know that your attorney will contact either them or the Assistant U.S. Attorney (AUSA) listed on the subpoena.
A federal grand jury subpoena can call for the production of records – emails, texts, documents, bank records, credit card records, tax records and the like. It can also call for the person’s attendance at the grand jury to give testimony under oath.
Subpoenas are issued to people that are under investigation or to those individuals that may have relevant information about someone under investigation. Thus, it is critical for the person served with a subpoena to retain experienced criminal defense counsel. First, counsel will contact the AUSA to determine whether you are a witness, subject or target of the investigation. A “witness” sounds exactly like what it means – someone the government believes has information relevant to its investigation of someone else. A “target” also sounds like what it means – the government believes that the person has committed one or more violations of federal law and is subject to potential prosecution. A “subject” is a broad category that the government believes may have exposure to criminal prosecution but does not yet have enough evidence to make that determination.
Other issues to be handled by experienced defense counsel will include reviewing the relevant documents called for by the subpoena to make sure there are no act of production and privilege issues in turning over the documents, and perhaps filing a motion to quash or modify the subpoena based on unreasonableness or oppressiveness, or some type of privilege.
The grand jury is used as an investigative tool to subpoena documents and people. A grand jury is made up of 16 to 23 individuals. The grand jury’s main function is to determine if probable cause exists to secure an indictment. A vote to indict only requires 12 or more grand jurors agreeing. A grand jury does not decide if someone is actually guilty. Those indicted by a grand jury are presumed innocent until they either plead guilty to the offense or are proven guilty beyond a reasonable doubt at trial.
Stahl Gasiorowski Criminal Defense Attorneys have represented hundreds of individuals and companies subpoenaed by federal and state authorities. We have the experience and skills to effectively navigate our clients through these complex issues and investigations to achieve the best possible outcome. To contact Mr. Stahl or Ms. Gasiorowski, call 908.301.9001 for the NJ office or 212.755.3300 for the NYC office, or email Mr. Stahl at rgs@sgdefenselaw.com or Ms. Gasiowski at lkg@sgdefenselaw.com.
