Criminal Defense Lawyers

What to Do When Your Business Receives a Federal Grand Jury Subpoena

What to Do When Your Business Receives a Federal Grand Jury Subpoena

Receiving a federal grand jury subpoena can be an intimidating and stressful experience for any business. However, there are steps you can take to appropriately respond and protect your legal rights. This article provides an overview of federal grand juries, outlines best practices for responding to a federal subpoena, and shares helpful legal resources.

What is a Federal Grand Jury?

A federal grand jury is a group of 16 to 23 citizens that determines whether there is probable cause that a crime has been committed and that a criminal indictment should be issued. Federal grand juries have the power to subpoena documents, physical evidence, and witness testimony.If a federal grand jury subpoenas your business, it means they are investigating some issue related to your company and want additional information to assist with their investigation. Reasons your business may receive a federal grand jury subpoena include:

• Suspected financial crimes like tax evasion, money laundering, or fraud
• Antitrust violations
• Violations of federal regulations

Initial Steps if You Receive a Federal Grand Jury Subpoena

If your business receives a federal grand jury subpoena, you should take the following steps:

1. Do Not Ignore It

It’s crucial not to ignore a federal subpoena, as this could lead to contempt charges. You should immediately notify appropriate people at your company that you have received a subpoena so you can coordinate an appropriate response.

2. Carefully Review the Subpoena

Closely review all parts of the subpoena so you understand what information the grand jury is seeking and can identify where that information resides within your company. Note any deadlines for responding.

3. Notify Your Board and Legal Counsel

Alert your board of directors and retain legal counsel with relevant federal experience, such as white collar criminal defense attorneys. An experienced attorney can guide your response and protect privileged information.

Best Practices for Responding

Once you’ve completed the initial steps above, you can move forward with appropriately responding to the subpoena. Best practices include:

Christine Twomey

2024-03-21

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2024-03-18

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Guerline Menard

2024-03-18

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

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2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Locate Relevant Information

Work with appropriate teams in your company to gather the physical records and electronically stored information requested by the grand jury.

Avoid Obstruction

Be careful not to destroy any relevant materials after receiving a subpoena, as this could constitute obstruction of justice. Preserve pertinent documents and communications.

Protect Privileged Information

Your attorney can help determine if any materials requested are protected by attorney-client privilege or work product protections and should not be disclosed.

Meet Deadlines

Make sure your company responds to all requests by any deadlines listed in the subpoena and seeks extensions if necessary.

Prepare Witnesses

If employees receive individual subpoenas to testify, help prepare them to cooperate fully and testify truthfully. Going over likely questions with legal counsel can help calm nerves.

Legal Resources

Responding appropriately to a federal grand jury subpoena takes expertise. Connecting with the following legal resources can help protect your rights:

• American Bar Association – Provides guidance on responding to subpoenas.
• National Association of Criminal Defense Lawyers – Shares an overview of federal grand jury procedures and best practices for attorneys.
• Justia – Offers frequently asked questions about federal grand juries.
• Lawyers.com – Provides guidance on responding to subpoenas.

When to Retain Legal Counsel

As soon as your business receives a federal grand jury subpoena related to a criminal investigation, it’s wise to retain legal counsel to protect your rights. The stakes are high, and experienced legal advice can help avoid missteps. Reach out to a qualified white collar criminal defense attorney to discuss your situation and ensure your response is in full compliance. With proper support, you can appropriately address investigative inquiries while keeping your business interests protected.

References

https://www.americanbar.org/groups/public_education/publications/teaching-legal-docs/what-is-a-grand-jury/
https://www.natlawreview.com/article/responding-to-a-federal-grand-jury-subpoena-guide-for-companies
[3 to 5] https://www.americanbar.org/groups/business_law/safeguardingtradesecrets/resources/federal/
[6 to 9] https://www.nacdl.org/getattachment/a92d7c30-ec94-48cd-9a3b-38597b9fb50d/federal-grand-jury-practice-a-primer-for-the-criminal-lawyer.pdf https://www.nacdl.org/getattachment/a92d7c30-ec94-48cd-9a3b-38597b9fb50d/federal-grand-jury-practice-a-primer-for-the-criminal-lawyer.pdf