Grand jury subpoenas are a common tool in federal investigations of white-collar crimes. These investigations can involve various offenses, such as fraud, embezzlement, insider trading or corruption. Federal investigators may send these subpoenas to individuals or companies, and demand a wide range of documents or testimony.
If you get one, it likely means federal investigators are examining your activities or your business. They might also think you have information about an ongoing investigation. A subpoena doesn’t automatically mean you’ve done anything wrong. But it is a serious legal matter that needs your immediate attention. Here are some important steps to take after receiving one.
Read carefully and understand what’s asked
First, read the grand jury subpoena carefully. Find out what documents or information they want, and when you must respond. The subpoena will often describe the documents in detail. Pay close attention to any special instructions about how to send your response. Also, see if there are any restrictions.
Grand jury subpoenas often have rules about keeping them confidential. This means you can’t talk about the subpoena with anyone, not even employees, family or business partners. If you break these rules, you could face more charges.
Hold on to all relevant documents
Right away, start saving all materials that might be relevant. Make a plan to preserve these materials. This includes emails, financial records, meeting notes and any other documents related to the subject of the investigation. You should also inform relevant employees or colleagues about the need to preserve these materials.
Federal investigators take it very seriously if you tamper with documents. If they uncover any inconsistencies or evidence of tampering, they might charge you with obstruction of justice.
Think about what the investigation is about
It’s important to understand what this subpoena means. What are the investigators looking for? What information do they want? What parts of your business or personal life might they be checking? Look at the documents they’re asking for to get an idea of what the investigation is about. It could involve your finances, business practices or communications with specific individuals or entities.
Seek legal counsel
A grand jury subpoena is a serious legal matter. You could face more penalties if you ignore it. Consider consulting with an attorney once you get one. They can help you with the legal process and protect your rights.