Grand Jury Subpoenas
Receiving a grand jury subpoena can be a frightening and confusing experience, particularly for individuals or businesses in the healthcare industry who are caught off guard by a surprise court order. A grand jury subpoena often signals that a criminal investigation is underway, and even if you are not the target, your actions and responses could have serious legal consequences.
At The Law Offices of Stanley L. Friedman, we represent individuals, corporations, and healthcare providers charged with healthcare fraud, financial fraud, or other white-collar crimes in California. This article explains what a grand jury subpoena is, how prosecutors use them, your rights and obligations, and the steps you should take if you are served with one. For immediate assistance to protect your rights and prepare your best defense, contact The Law Offices of Stanley L. Friedman in Beverly Hills to speak with an experienced California healthcare fraud defense lawyer.
What Is a Grand Jury Subpoena?
A grand jury subpoena is a legal order issued by a federal or state grand jury at the request of a prosecutor. The subpoena compels you to:
- Appear and testify before the grand jury (a subpoena ad testificandum), and/or
- Produce documents, records, or other evidence (a subpoena duces tecum).
Grand juries are convened to determine whether there is probable cause to bring criminal charges. They meet in secret, and the information gathered through subpoenas helps the prosecutor build a case. Because grand juries operate behind closed doors, those served with subpoenas are often left with little information about the scope or target of the investigation.
How Are Grand Jury Subpoenas Used?
Prosecutors use grand jury subpoenas as a powerful investigative tool. These subpoenas can be broad in scope and request a wide range of information, such as:
- Financial records, tax returns, or bank statements
- Business documents, contracts, and correspondence
- Medical records, patient files, or billing data (in healthcare fraud investigations)
- Testimony from individuals who may have knowledge about alleged misconduct
Unlike search warrants, which require a judge’s finding of probable cause, grand jury subpoenas are easier for prosecutors to obtain and can demand information about conduct occurring years in the past. Failure to comply can result in contempt of court charges, leading to fines or even imprisonment.
Do You Have to Comply?
You cannot ignore a grand jury subpoena. It carries the full force of law. However, there are legal avenues to challenge or limit the subpoena if it is overly broad, unduly burdensome, or seeks privileged information.
For example, if the subpoena requests documents protected by attorney-client privilege or medical records covered by HIPAA, your attorney can raise objections or negotiate limitations. Courts sometimes modify subpoenas to narrow the scope or extend deadlines.
Even if you believe you have done nothing wrong, it is critical to seek legal advice immediately. Producing the wrong documents, failing to preserve records, or making inaccurate statements could inadvertently expose you to liability.
Your Rights if You Receive a Grand Jury Subpoena
A subpoena is not a formal accusation of wrongdoing, but it does place you in the middle of a criminal investigation. You have important rights, including:
- The Right to Legal Counsel: You can (and should) hire an attorney before responding. Your lawyer can communicate with prosecutors, determine if you are a target, subject, or witness, and guide your response.
- The Right Against Self-Incrimination: If complying with a subpoena would require you to produce testimony or documents that incriminate you, your attorney can advise you on asserting your Fifth Amendment rights.
- The Right to Object to Improper Demands: Your lawyer can challenge requests for privileged information or burdensome production requirements.
These rights are best exercised with experienced legal representation. Attempting to handle the process alone can be risky and may harm your defense.
What to Do if You Get a Grand Jury Subpoena
If you receive a subpoena, do not panic, but do act quickly. Taking the right steps early can protect you legally and financially. Here is what you should do:
- Contact an Attorney Immediately: Do not wait until the deadline approaches. An experienced criminal defense attorney can determine why the subpoena was issued, whether you are a target, and how to respond.
- Do Not Destroy or Alter Documents: Destroying evidence, even inadvertently, can result in obstruction of justice charges, which often carry harsher penalties than the underlying crime. Preserve all documents, emails, and electronic records requested.
- Do Not Contact Others Involved: You may be tempted to discuss the subpoena with colleagues or others named in it, but doing so could be seen as attempting to coordinate stories or interfere with the investigation.
- Let Your Attorney Handle Communications: Prosecutors and investigators may attempt to question you informally. Politely decline and direct all inquiries to your attorney.
- Review and Prepare: Work with your lawyer to review requested documents and prepare for testimony, if required. Your attorney can seek to negotiate deadlines or narrow the scope of the subpoena.
Testifying Before a Grand Jury
If your subpoena requires you to testify, you should know that grand jury proceedings are very different from a traditional courtroom setting. There is no judge present, and your attorney is generally not allowed to accompany you into the grand jury room. A prosecutor asks the questions, and grand jurors may also ask follow-up questions. Your attorney can remain outside, and you may request to step out and consult with them before answering particularly sensitive questions.
Your testimony is given under oath. Any false or misleading statements can result in perjury charges. For this reason, your attorney will prepare you extensively beforehand, helping you understand what questions to expect and how to answer truthfully without volunteering unnecessary information.
Possible Roles: Target, Subject, or Witness
When you receive a subpoena, your attorney will try to determine your status in the investigation:
- Target: The government believes you likely committed a crime and intends to indict you.
- Subject: Your conduct falls within the scope of the investigation, but prosecutors have not decided whether you are a target.
- Witness: You are believed to have information relevant to the investigation, but you are not suspected of wrongdoing.
Your status can change during the investigation, which is why legal guidance is so important.
Why Legal Counsel Is Critical
Responding improperly to a grand jury subpoena can create serious problems. Inadvertently producing incriminating documents, destroying records, or giving inconsistent testimony can turn a witness into a target. Even if you are innocent of wrongdoing, the cost and disruption of a criminal investigation can be devastating.
An experienced white-collar criminal defense attorney will:
- Evaluate the scope of the subpoena and your exposure
- Communicate with prosecutors to clarify your status
- Negotiate deadlines and narrow overbroad requests
- Protect privileged information and confidential records
- Prepare you thoroughly for testimony or document production
- Seek to resolve the matter before charges are filed
At The Law Offices of Stanley L. Friedman, we have decades of experience defending individuals and organizations in healthcare fraud and other complex investigations. We understand the investigative strategies prosecutors use and know how to protect your rights at every stage.
Take a Grand Jury Subpoena Seriously and Call a Lawyer
A grand jury subpoena is not a mere request; it is a legal order that can signal serious criminal exposure. How you respond will shape the course of the investigation and, potentially, your future. Acting without legal advice can be a costly mistake. If you receive a grand jury subpoena in Los Angeles, contact The Law Offices of Stanley L. Friedman immediately. We can intervene early, help you navigate the process, and work to protect your rights, your business, and your reputation.
