How Federal Courts Enforce Grand Jury Subpoena Requests

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:

Subpoena Duces Tecum DEFENSE TEAM SPOTLIGHT Todd Spodek Lead Attorney & Founder Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable. NY Bar Admitted Multi-State Licensed Federal Courts Meet the Full Team Legal Scenario: What Would You Do? Scenario You are a mid-level accountant at a large corporation and have just been served with a federal grand jury subpoena demanding you produce three years of financial records and appear to testify next month. You were not told whether you are a target or merely a witness, and your employer's legal team is pressuring you not to cooperate. Can I refuse to comply with the grand jury subpoena, and what happens if I don't show up or refuse to turn over the documents? Attorney's Answer A federal grand jury subpoena carries the full force of law under Federal Rule of Criminal Procedure 17, and failure to comply can result in a civil or criminal contempt finding, potentially leading to fines or imprisonment until you cooperate. While you may invoke your Fifth Amendment privilege against self-incrimination to refuse to answer specific questions that could implicate you in criminal activity, you generally cannot refuse to appear entirely or withhold documents solely on that basis. The government can also seek to overcome your Fifth Amendment claim by offering you immunity under 18 U.S.C. § 6002, which would compel your testimony. You should retain your own independent attorney immediately—separate from your employer's counsel—to advise you on which responses may be privileged and to negotiate the scope of the subpoena before your appearance. This is general information only. Contact us for advice specific to your situation. 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.

Subpoena Ad Testificandum The second category of subpoena instructs someone to actually testify before the grand jury.