Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
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When the federal government issues a subpoena for your records as part of an investigation, you may be wondering how long they can retain those records. The length of time varies depending on the type of investigation and records requested, but there are some general guidelines.
For criminal investigations, there is no specific statutory limit on how long the government can retain subpoenaed records. Records can be kept indefinitely if they relate to an open investigation or prosecution.However, the Federal Records Act requires each federal agency to have record retention schedules outlining how long different types of records should be kept. For criminal investigative records, these schedules often specify retention for 20 years or more after the case closes.So if you receive a subpoena for records related to a criminal investigation, plan on those records remaining in the government’s possession for at least 20 years, possibly longer.
For civil investigations by federal agencies, retained records must comply with the Federal Records Act retention schedules. These tend to be shorter than for criminal cases.For example, IRS retention schedules require they destroy most taxpayer records after 3-6 years. So if the IRS subpoenas your tax records for a civil audit, they cannot retain them indefinitely.Other agencies like the FTC must destroy most civil investigation records after 10 years.
If Congress issues a subpoena for records as part of an investigation, they do not necessarily have defined retention periods they must follow. It depends on the investigating committee’s internal policies.However, if the investigation leads to new legislation or government reforms, the records may become part of the federal archives and subject to longer retention rules.So for congressional investigations, expect the records to be kept indefinitely unless the committee or National Archives determines they should be destroyed due to lack of historical value.
If a federal agency retains your subpoenaed records longer than their retention period allows, you can file a request for their return. This involves submitting a formal request to the agency and providing proof you are the owner of the records.You can also try contacting the investigator’s office that issued the original subpoena to ask if records are still needed for their investigation. If not, they may agree to release them back to you sooner.If requesting record return through official channels does not produce results, you may need to get an attorney involved to force the issue through legal channels. They can help craft the appropriate formal requests and file court motions compelling the agency to comply if needed.
If medical, financial, or other sensitive records get subpoenaed, take extra precautions around getting them returned or destroyed when no longer required. You don’t want sensitive personal information floating around government agencies indefinitely if it can be avoided.Consider asking the investigator if they can agree upfront to destroy or return sensitive subpoenaed records by a specified date, such as when the investigation concludes. That provides more assurance your personal information will not be retained unnecessarily.
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