How to Petition Federal Courts to Enforce Administrative Subpoenas

So you received an administrative subpoena from a federal agency, and you don’t want to comply. What can you do? You have the right to challenge the subpoena by filing a petition in federal court. This article will walk you through the process step-by-step.

What is an Administrative Subpoena?

An administrative subpoena is a demand for documents or testimony issued by a federal agency without approval from a judge or grand jury. Agencies can issue these subpoenas as part of an investigation to collect evidence.

Some examples of federal agencies with administrative subpoena power include the EPA, SEC, FTC, and DOJ. These agencies don’t need probable cause like police would to get a warrant. So the subpoenas have less privacy protections.

Why Would I Challenge It?

There’s a few reasons you may want to fight an administrative subpoena:

• The subpoena is overbroad or seeks irrelevant information
• Complying would be burdensome or expensive
• The investigation is improper or in bad faith
• You have privacy concerns or want to protect confidential information

Challenging the subpoena forces the agency to prove to a judge that it’s valid and enforceable. This gives you more rights than just complying.

Where Do I File the Petition?

You can file in any federal district court that has jurisdiction over you as the subpoena recipient. Typically this is where you reside or do business.

If you operate in multiple districts, you can pick between them. But you have to file in federal court, not state court.

What’s the Standard of Review?

The standard of review will depend on the federal statute authorizing the subpoena. Many agencies only need to show:

• The investigation is within the agency’s authority
• The subpoena seeks relevant information
• The demand is reasonable

But the court can still place limits, like narrowing an overbroad subpoena.

What Are My Chances of Success?

Courts tend to be deferential to agencies, but won’t just rubber stamp subpoenas. You have better chances if you can show the subpoena is abusive, irrelevant, or excessive.

Some key cases where recipients succeeded in fighting subpoenas:

• FTC v. Invention Submission Corp. (9th Cir. 1991): Court limited subpoena because it was overbroad.
• EEOC v. Maryland Cup Corp. (4th Cir. 1985): Court found subpoena too indefinite.
• FTC v. Texaco (DC Cir. 1977): Court said subpoena too burdensome.

But you’ll have an uphill battle if the agency can show good faith and relevance. Completely quashing subpoenas is rare.

What’s the Process Like?

Here are the typical steps in a petition to challenge an administrative subpoena:

1. Meet and confer with the agency. See if you can negotiate limits or reach a compromise before going to court.
2. File petition in district court. Explain why the subpoena is improper and should be quashed or modified.
3. Agency files opposition brief. They’ll argue why the subpoena should be enforced as-is.
4. Court hears oral arguments. Each side presents arguments at a motion hearing.
5. Court issues order. The judge will either enforce the subpoena, quash it, or impose modifications.
6. Appeals process. Either side can appeal the district court’s order to the circuit court.

The process can take months. You may be able to negotiate with the agency simultaneously to resolve the investigation.

What Happens If I Lose?

If the court enforces the subpoena, you’ll have to comply. Failure to comply can lead to being held in contempt of court, with fines or jail time.

The agency can also get a court order requiring compliance. Violating the order can trigger criminal penalties.

So think carefully before challenging administrative subpoenas! But for overly intrusive demands, it may be worth fighting in court.

Finding Legal Help

Navigating this process is complex, so consult a lawyer experienced with federal investigations. They can advise your best chances of success.

Some options for legal help:

• Search the American Bar Association directory for an administrative law attorney.
• Contact the National Association of Criminal Defense Lawyers to find a lawyer with relevant expertise.
• Hire a law firm like Ifrah Law that specializes in federal agency investigations.
• Look for attorneys with backgrounds as federal prosecutors or agency lawyers.

Having skilled legal counsel increases your odds of favorably resolving the subpoena dispute. Don’t be afraid to spend on a good lawyer – it’s worth it to protect your rights.

Conclusion

Administrative subpoenas can be scary and intrusive. But you’re not powerless – federal courts can provide important checks on agency power. With persistence and sharp legal arguments, individuals can sometimes succeed in modifying or defeating improper subpoenas.

The most important takeaway is don’t ignore subpoenas. Work promptly to challenge demands that seem baseless or abusive. Educate yourself on the process and your rights. And don’t go it alone – get advice from an experienced attorney.

With a smart legal strategy, you can push back on unwarranted intrusions and force the government to justify its actions. This upholds vital privacy protections and checks executive power. Though the deck is stacked, winning is possible. Don’t back down from defending your rights.