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Producing Documents to Federal Grand Juries Under Subpoena
|Last Updated on: 2nd October 2023, 05:52 pm
Producing Documents to Federal Grand Juries Under Subpoena
Getting a subpoena from a federal grand jury can be intimidating. But with some knowledge about the process, you can respond appropriately and avoid getting yourself in trouble. This article will walk you through what to expect and how to handle it.
What is a federal grand jury subpoena?
A federal grand jury subpoena is an order for you to provide documents or testimony related to a criminal investigation. Grand juries are groups of citizens who decide whether to bring criminal charges based on evidence presented by federal prosecutors. They have the power to subpoena documents and witnesses as part of their investigation.
There are two main types of federal grand jury subpoenas:
- Subpoena ad testificandum – requires you to testify before the grand jury
- Subpoena duces tecum – requires you to provide documents or records
A grand jury subpoena duces tecum will specify what documents or records you need to provide. It may request years’ worth of financial statements, phone records, emails, or other documents. The requests are often broad and nonspecific.
If you receive a federal grand jury subpoena duces tecum, don’t panic. There are ways to respond appropriately and protect your rights. The key is being prepared and seeking legal counsel if needed.
Assembling documents responsive to the subpoena
The first step is gathering all documents that may be responsive to the subpoena request. This can be burdensome if the subpoena covers many years of records. Be methodical in your search. Look in both paper and electronic files. If records are stored offsite or with a third-party vendor, retrieve those as well. Document your search efforts in case questions come up later.
Organize the documents in a logical way, such as chronologically or by topic. This will make it easier for you and the grand jury to review them. Keep a record of what documents you have collected.
You may need to enlist help from your IT team or an e-discovery service if searching electronic records like emails. Collect from all potential sources – servers, laptops, mobile devices, cloud storage, etc.
Reviewing documents for privilege
Not everything you collect needs to be turned over. You can withhold any privileged documents, such as:
- Attorney-client communications
- Documents covered by doctor-patient confidentiality
- Confidential spousal communications
To avoid accidentally disclosing privileged information, have your attorney carefully review all documents before production. Redact or remove any privileged content. Keep track of what is withheld so you can explain later if needed.
Withholding privileged documents from a grand jury could potentially lead to being held in contempt of court. Get legal advice to ensure you are properly asserting privilege.
Producing documents to the grand jury
There are a few options for how to actually share responsive documents:
- Physical delivery – You or your attorney can hand deliver documents to the grand jury.
- Electronic transmission – Some grand juries have systems to receive computer files electronically.
- Onsite inspection – The grand jury may send representatives to inspect records at your office.
Discuss the options with the prosecutor handling your case. Make sure to get a receipt for any documents handed over physically so there is a record.
When producing electronically stored information, talk to the prosecutor about technical specifications for file formats, metadata, and other issues. Follow best practices for preserving electronic evidence.
Answering questions about the production
The grand jury may have questions about your document production. For example, they may ask:
- Why are certain files missing?
- Are there other records that weren’t found?
- Who had access to these documents?
To prepare, review the documents yourself beforehand. Make notes about gaps in information, inconsistencies, or anything else that stands out. Be ready to give thorough, truthful answers. But don’t speculate or volunteer information that wasn’t asked.
You can request to appear with counsel when answering grand jury questions. Your attorney can object if they feel a question is inappropriate or outside the scope. Refusing to answer without asserting a valid privilege may lead to being held in contempt.
Avoiding common mistakes
Responding to a federal grand jury subpoena duces tecum is serious business. Some common mistakes to avoid:
- Ignoring or delaying response – Comply by the deadline given.
- Withholding documents without asserting privilege – You must have a valid legal basis.
- Obstructing the investigation – Don’t hide, alter, or destroy requested documents.
- Making false statements – Always be truthful in your testimony.
Violating a grand jury subpoena could potentially lead to criminal charges like obstruction of justice or contempt of court. If you have concerns about the subpoena or are unsure how to respond, get legal counsel immediately.
Getting legal help
Don’t go through this process alone. Consult a criminal defense attorney as soon as you receive a federal grand jury subpoena. An experienced lawyer can:
- Explain your rights and obligations
- Negotiate the scope of the subpoena with the prosecutor
- Oversee the document collection and review process
- Assert any applicable privileges
- Prepare you to answer questions
- Represent you if complications arise
Having skilled legal counsel by your side will give you confidence that you are responding properly and protecting your interests.
In summary…
Federal grand jury subpoenas should not be taken lightly. By understanding the process, consulting an attorney, and responding methodically, you can get through it smoothly. The key things to remember are:
- Gather all potentially relevant documents
- Review for privilege and responsiveness
- Work with counsel to produce records
- Be truthful when answering questions
- Don’t delay or obstruct the process
While stressful, properly navigating a federal grand jury subpoena is manageable with the right legal guidance. So take a breath, be proactive, and let an experienced attorney handle the details.