How Federal Agencies Can Obtain Warrants to Enforce Subpoenas

How Federal Agencies Can Obtain Warrants to Enforce Subpoenas

When federal agencies like the FBI or IRS need to gather evidence for an investigation, they often start by issuing an administrative subpoena. This is a request for documents, testimony, or other evidence related to the investigation. However, agencies don’t have an automatic right to enforce these subpoenas. If the recipient refuses to comply, the agency must obtain a warrant from a federal court to compel cooperation.

This article will explain the process federal agencies use to enforce subpoenas with warrants. We’ll cover the different types of subpoenas, the rules for enforcing them, and how to challenge a subpoena in court. By understanding this process, you can be prepared if you ever receive a federal subpoena.

What is an Administrative Subpoena?

An administrative subpoena is a written order demanding evidence or testimony related to an investigation. It’s issued directly by the federal agency without court approval. These subpoenas don’t authorize arrests or searches like criminal warrants. But they do compel recipients to provide information by a specific date.

Some examples of federal agencies with subpoena power include:

• IRS – can subpoena financial records during a tax investigation
• SEC – can subpoena documents from companies under investigation
• FBI – can subpoena evidence for national security cases

Administrative subpoenas are less intrusive than search warrants since they only demand specific evidence. But you must still comply or challenge the subpoena in court.

When Federal Agencies Can Enforce Subpoenas

Federal agencies don’t have unlimited power to enforce subpoenas on their own. By law, they must obtain a warrant from a federal court first. This rule comes from the Fourth Amendment, which protects against “unreasonable searches and seizures.”¹ It prevents agencies from arbitrarily compelling cooperation.

To enforce a subpoena with a warrant, the agency must prove to a judge that:

• The subpoena is within the agency’s authority
• The evidence demanded is relevant to the investigation
• Compliance is necessary for the investigation

This judicial oversight prevents agencies from abusing subpoena power or making unreasonable demands. It also gives the recipient a chance to challenge the subpoena in court.

The Process for Enforcing Subpoenas

When an agency wants to enforce an administrative subpoena, it generally follows these steps:

1. Issue the subpoena to the recipient with a deadline for compliance
2. If recipient refuses, negotiate in good faith to resolve objections
3. If impasse, agency requests a warrant from federal district court
4. Court reviews request and makes a decision on issuing the warrant
5. If warrant granted, recipient must comply or face contempt of court

This process ensures judicial oversight before any forced compliance with the subpoena. The court will only issue a warrant if the subpoena meets all legal requirements. Let’s look at how agencies present their case to the court.

Agency’s Warrant Request

To request a warrant, the agency submits an application to the court identifying:²

• The statute authorizing the subpoena
• The evidence demanded and its relevance
• Efforts made to obtain voluntary compliance
• Justification of need for warrant

The application must persuade the judge that the subpoena is proper and enforcement is necessary. This prevents agencies from seeking warrants arbitrarily.

Court Review Process

When reviewing a warrant request, the judge may:³

• Order more briefing from the agency to justify the subpoena
• Allow the recipient to contest the warrant request
• Hold a hearing to evaluate arguments on both sides
• Rule on the application “ex parte” without hearing from recipient

If the judge is satisfied the subpoena meets all requirements, they will issue the warrant ordering compliance. Otherwise, they may quash or modify the subpoena if it fails to meet any legal standards.

Challenging the Warrant

Recipients who want to challenge the subpoena or warrant can file motions in court. Possible arguments include:⁴

• Subpoena exceeds the agency’s authority
• Subpoena demands irrelevant material
• Compliance would be unduly burdensome
• Information demanded is protected by privilege

The judge will consider these arguments before deciding whether to issue an enforcement warrant. This allows recipients to defend their rights in court.

Noncompliance and Contempt

If you disobey a warrant enforcing an administrative subpoena, you can face serious consequences. The agency may pursue charges for contempt of court, seeking fines or jail time. Noncompliance also leads to escalating enforcement measures.

If you continue to defy the court-ordered subpoena, the agency may:⁵

• • Request civil contempt sanctions from the court
  • Refer the matter to the Department of Justice for criminal contempt prosecution
  • Work with U.S. Marshals to seize assets or property to compel compliance

In serious cases, noncompliance may lead to criminal charges for contempt of court or obstruction of justice. So it’s essential to work with your legal counsel if you receive a subpoena and have concerns about compliance.

Fighting Back Against Excessive Subpoenas

If you feel an administrative subpoena is excessive or improper, you have legal options to fight back. Possible approaches include:

• • • File a motion to quash – Ask the court to cancel the subpoena as invalid
    • Petition to modify – Request the court to limit the subpoena’s demands
    • Claim undue burden – Argue that compliance would be unreasonably difficult
    • Assert privilege – Refuse to disclose privileged material like trade secrets or confidential documents

An experienced attorney can advise you on the best legal strategies. They can represent you in negotiations with the agency or in court hearings on any motions.

It’s also important to comply with valid parts of the subpoena while contesting problematic portions. You should never simply ignore a subpoena without seeking legal advice.

Subpoena Defense Attorneys

If your business or organization is served with an administrative subpoena, it’s essential to engage legal counsel promptly. Subpoena defense attorneys have expertise in:

• • • Assessing the validity and scope of subpoenas
    • Negotiating with agencies over demands
    • Crafting motions to quash or modify subpoenas
    • Representing clients in court hearings
    • Avoiding contempt charges for non-compliance

They act as an intermediary with the agency and provide advocacy in court. Their specialized knowledge of administrative law can protect your rights and interests.

Subpoena Defense Strategies

Skilled subpoena defense lawyers employ proven strategies to limit burdensome subpoenas:

• • • Scrutinizing the subpoena for defects like vagueness, overbreadth or irrelevance
    • Seeking to narrow the subpoena by negotiation or court order
    • Raising privilege claims to protect confidential information
    • Arguing the subpoena exceeds the agency’s authority
    • Demanding sufficient time for clients to retrieve and submit information

They also advise on how much to cooperate voluntarily, when to seek modifications, and whether to compel the agency to justify its demands in court.

Subpoena Cost Reimbursement

If compliance with an administrative subpoena imposes significant undue burden and costs, you may be able to demand reimbursement from the issuing agency. Possible recoupable expenses include:⁶

• • • Attorney fees for reviewing subpoena
    • Fees for collecting, reviewing and producing information
    • Costs of compiling data into required format
    • Technical expert fees for extracting electronic records

An attorney can help document these costs and negotiate reimbursement from the agency. This can ease the financial burden of subpoena compliance.

Takeaways

• • • Federal agencies can’t enforce subpoenas without a court warrant
    • Recipients can challenge subpoenas believed to be improper
    • Non-compliance without court approval risks contempt sanctions
    • Experienced counsel is key to navigating subpoena demands

Administrative subpoenas give federal agencies useful investigative powers. But judicial oversight and legal defenses exist to protect against abuse. By understanding the enforcement process, you can ensure your rights are protected if you receive a federal agency subpoena.

References

1. Cornell Law School. (n.d.). Fourth Amendment. Legal Information Institute. Retrieved February 12, 2023, from https://www.law.cornell.edu/constitution/fourth_amendment

2. Department of Justice. (2015, January). Obtaining and Enforcing Subpoenas: Adminstrative Agency and Civil Litigation Considerations. Retrieved February 12, 2023, from https://www.justice.gov/sites/default/files/usao/pages/attachments/2015/04/01/obtain_enforce_subpoenas.pdf

3. Slobom, D. (2015, August 5). Enforcing Administrative Subpoenas. Federal Bar Association. Retrieved February 12, 2023, from https://www.fedbar.org/wp-content/uploads/2015/08/Enforcing-Administrative-Subpoenas-pdf-1.pdf

4. Doyle, C. (2014, March 26). Administrative Subpoenas and National Security Letters in Criminal and Intelligence Investigations: A Sketch. Congressional Research Service. Retrieved February 12, 2023, from https://sgp.fas.org/crs/intel/R41619.pdf

5. Axelrod, A. (2017, June 30).