Federal Subpoena Duces Tecum
Have you been served or expecting a federal subpoena duces tecum? Learn why an investigation plan with a defense attorney is critical.
Understanding Your Federal Subpoena Duces Tecum
A federal subpoena duces tecum is a federal grand jury subpoena requiring the production of documents. Hence, it orders the recipient to produce specified documents, records, or tangible evidence such as
- business records
- financial statements
- emails, or
- other relevant materials
This type of subpoena is technically issued by a grand jury but in reality is served by a federal agent (FBI) or an assistant United States Attorney (federal prosecutor). These individuals have the authority to issue such subpoenas and formally request compliance with them. The precise contents of the subpoena will depend on the specific situation being looked into. Some subpoenas request bank records dating back years, while others may ask for specific electronic communications between certain parties during a more narrow timeframe.
Why Did You Receive a Federal Subpoena Duces Tecum?
Receiving a federal grand jury subpoena duces tecum typically means that you have been identified as someone who may possess documents, records, or physical evidence that are relevant to a federal criminal investigation.
- You May Be a Witness or Target or Subject of the Investigation
Witness: The authorities may believe you have documents or evidence that could help them understand the facts of the case.
Target: If you are a target of the investigation, the subpoena may seek records or evidence that could either prove or disprove your involvement in a crime. In this case, the authorities are collecting information to decide whether they have enough evidence to charge you.
Subject: The term subject is more vague. You are not simply a witness but you also are not the target. Oftentimes, federal prosecutors will draw an analogy, and indicate that a subject has material information pertaining to the investigation.
For more on the differences between being a witness, target, or subject.
- Your Business or Organization Is Involved
If you are associated with a business or organization (e.g., as an employee, contractor, or officer), the subpoena might be directed at your workplace. Authorities may believe the business has records or evidence that are relevant to the investigation, such as financial documents, communications, or transactional records.
- You Hold Documents or Evidence Relevant to the Case
You may have been identified as possessing documents, records, or other evidence that could assist the investigation. This could include emails, contracts, financial records, or other types of data that are relevant to a federal criminal case (e.g., fraud, money laundering, drug trafficking, or organized crime).
Here’s What to Do If You Receive a Federal Subpoena Duces Tecum
The very first thing you should do upon receiving a federal subpoena duces tecum is contact a federal criminal defense lawyer. Too many individuals believe that merely receiving a subpoena means that the individual is not potentially exposed to some sort of wrongdoing or liability – this could not be further from the truth. Even if the person is in fact a witness in the government’s eyes, providing certain documentation in and of itself may expose that individual or open up new leads during a criminal investigation.Second, if on the receiving end of this subpoena, do not destroy any documents or materials. Destroying documents, of course, not only looks bad and depicts a consciousness of guilt, it will also lead directly to obstruction of justice charges even if you were otherwise not going to be charged criminally within the investigation.
Your Legal Rights & Options
You may not simply ignore a federal subpoena duces tecum. However, your lawyer can exercise certain strategies on your behalf. This includes challenging the subpoena with a motion to quash or working to persuade prosecutors that the subpoena is simply too broad or vague. With this latter approach, a federal defense lawyer can narrow and tailor down the scope of the subpoena, as well as delay the disclosure of the materials until the client is comfortable that there is no chance of criminal exposure. If you do ignore a federal subpoena duces tecum, contempt charges may follow. This could result in jail time or a significant fine.
Criminal Defense Strategy for Federal Subpoena Duces Tecum
A strategic and creative defense attorney will ultimately look to have their client or business satisfy the government’s subpoena without opening up any sort of criminal liability. Each investigation is different.That said, oftentimes, careful federal defense lawyers can set up attorney proffers with prosecutors or even a proffer with the client and agents to provide the proper material in order to complete their portion of the investigation. It is imperative that a federal defense attorney, at this stage, fully understand the facts and does not provide any material which is privileged, confidential, or incriminating.
Your Defense Begins Today
If you are on the receiving end of a federal subpoena duces tecum, do not try to talk your way out of it without counsel. Do not ignore the subpoena and in turn face criminal contempt charges. Instead, hire an experienced federal defense lawyer to thoroughly and carefully guide this process. Contact the Law Offices of Jason Goldman today.
