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How should a company respond to Grand Jury Subpoena?

Posted by on 3:10 pm in Documents, Grand Jury Subpoena | Comments Off

How should a company respond to Grand Jury Subpoena?

My small company just received a grand jury subpoena for documents and it seems to call for us to produce every piece of paper we ever created whether it is in hardcopy or whether it is contained on a computer, zip drive, DVD or thumb drive. What should we do?

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Can I find out what a grand jury investigation is about?

Posted by on 3:09 pm in Grand Jury Subpoena | Comments Off

Can I find out what a grand jury investigation is about?

Grand jury investigations are conducted in secret and usually there is no mechanism by which you can learn about the subject of a grand jury investigation.

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How do I tell who is investigating me or my company?

Posted by on 3:06 pm in Grand Jury Subpoena, Served | Comments Off

How do I tell who is investigating me or my company?

To find out who is investigating you or your company, look for the following information on your subpoena: What court is referenced on the subpoena? Determine whether it is a state or federal court. Who was the agent who served you and what agency was s/he from? What government attorney authorized the subpoena and what office and agency is s/he from? Answers to these questions, as well as the nature of the document demands themselves, provide important clues regarding the nature and scope of the criminal investigation. They will provide good...

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What documents am I required to produce?

Posted by on 3:05 pm in Documents, Grand Jury Subpoena | Comments Off

What documents am I required to produce?

The documents demanded should be shown under the heading “documents to be produced.”  As indicated, it is critical that no documents be destroyed or hidden once the subpoena has been received, whatever their form (hard copy or digital).  Destroyed, in this context, means that any normal email deletion or document disposal programs need to be halted immediately.  Further, as noted, the scope of the production demands may often be limited through a negotiation with the prosecutor. Experienced prosecutors know that they usually have to...

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Should I talk to others about my grand jury testimony?

Posted by on 3:01 pm in Grand Jury Subpoena, Testimony | Comments Off

Should I talk to others about my grand jury testimony?

Talking to others about your grand jury testimony is not advised. Anyone who makes a false statement or induces another person to provide false information or documents to the grand jury is subject to prosecution for offenses such a perjury, subornation of perjury or obstruction of justice. For these reasons, if you have been subpoenaed along with others in either your company or industry to testify, you should never discuss your upcoming appearance with another witness.  You are then in a classic “he said, she said situation;”...

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Served a Grand Jury Subpoena: What to Do

Posted by on 9:09 pm in Featured, Grand Jury Subpoena | Comments Off

Served a Grand Jury Subpoena: What to Do

Being served with a grand jury subpoena can be a stressful experience, one that is likely to unsettle even the most law-abiding citizen. Stay calm and call a lawyer with substantial experience in grand jury investigations. Several steps necessary to respond to the investigation must be taken immediately.  If you are an individual and the “ad testificandum” box is checked, this means that the empaneled grand jury has demanded your testimony at the time and date indicated.  Sometimes an individual being served with a subpoena will...

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Who knows that I am testifying?

Posted by on 8:52 pm in Grand Jury Subpoena, Testimony | Comments Off

Who knows that I am testifying?

Grand jury proceedings are secret and prosecutors, court reporters and personnel, as well as the jurors themselves, operate under rules of strict secrecy.  There are, however, circumstances under which grand jury information may be disclosed, if ordered by a court.  In addition, depending on the jurisdiction, the rules about grand jury secrecy may be breached rather than observed.  While prosecutors normally don’t release items such as grand jury transcripts to anyone,  any criminal investigation gathers information from a number of...

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Is my testimony recorded?

Posted by on 8:51 pm in Grand Jury Subpoena, Testimony | Comments Off

Is my testimony recorded?

Yes.  It is usually recorded and transcribed by a certified court reporter, although other means of recordation are possible.  In order for this testimony to disclosed outside the grand jury, a party, most usually the government, must file a motion to disclose grand jury testimony.  The most common way that people outside the grand jury learn abut the substance of our testimony is when a transcipt of that testimony is turned over to a defendant because it contained evidence that might tend to prove the defendant’s innocence or because...

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How long will my grand jury testimony be?

Posted by on 8:49 pm in Grand Jury Subpoena, Testimony | Comments Off

How long will my grand jury testimony be?

The amount of time involved in a grad jury testimony varies and there is no general rule.  Sometimes your attorney can get a sense of how long your testimony will need to be based on your connection to the investigation.  In rare cases, you can appear only to be told that you will not be able to testify that day in which case your appearance will be rescheduled.  It also is possible that your testimony will not be complete after one appearance, requiring a second appearance.

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Do I have to testify when summoned to a grand jury?

Posted by on 8:49 pm in Featured, Grand Jury Subpoena | Comments Off

Do I have to testify when summoned to a grand jury?

The general answer to this question is “yes,” you do have to testify when summoned to a grand jury. A knowledgeable attorney can discuss with you the different exceptions to this general rule.  You may invoke your Fifth Amendment right not to testify based on a belief that to do so might incriminate you.

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