Federal Grand Jury Subpoenas Lawyer
Trusted Counsel When You Receive a Subpoena Duces Tecum in a Federal Case
Receiving a federal grand jury subpoena is a moment no individual or business should take lightly. These subpoenas are often an early sign that you are under scrutiny in a federal investigation, even if you are not yet formally charged. In many cases, these subpoenas come in the form of a subpoena duces tecum, demanding both your testimony and the production of documents, emails, phone records, financial data, or electronically stored information (ESI).
At Sosinsky Law, we represent individuals and organizations across New York City who are under federal investigation or who have been summoned before a grand jury. With decades of experience defending high-profile clients in federal court, we know how to navigate the complex issues that arise with grand jury subpoenas, including when and how to push back through motions to quash or assert your constitutional rights.
What Is a Federal Grand Jury Subpoena?
A federal grand jury subpoena is a legal order requiring an individual or entity to either appear and testify before a grand jury or to produce documents and other physical or electronic evidence. It may be:
- Subpoena ad testificandum: requiring in-person testimony.
- Subpoena duces tecum: requiring the production of documents, records, and electronic data.
In healthcare fraud, financial crimes, public corruption, and other white-collar cases, the subpoena duces tecum is the tool of choice for federal prosecutors to gather large volumes of potentially incriminating data. Failure to respond properly can lead to contempt charges or even obstruction allegations.
Why Did I Receive a Subpoena?
There are generally three categories of individuals who receive federal grand jury subpoenas:
- Targets: Individuals the government intends to indict.
- Subjects: People who may become targets, depending on what the investigation uncovers.
- Witnesses: Individuals with information but not currently facing charges.
Determining your status is crucial before you respond. Anything you say or produce can be used against you, and early missteps can lead to increased exposure. At Sosinsky Law, we work quickly to determine your status and develop a defense strategy aligned with your risks.
Responding to a Subpoena Duces Tecum: Know Your Rights
The government does not have unlimited power. If you have received a subpoena duces tecum, you are not without recourse. There are several legal defenses and protections available, especially when the request is overbroad, unduly burdensome, or threatens your constitutional rights.
1. Filing a Motion to Quash
A motion to quash asks the court to invalidate the subpoena based on legal grounds. Common arguments include:
- Overbreadth: The subpoena demands an unreasonably large volume of documents, many of which may be irrelevant.
- Vagueness: The request is so vague that the recipient cannot reasonably determine what is required.
- Undue Burden: Compliance would impose excessive costs, labor, or disruption, especially for small businesses or individuals.
We have successfully challenged subpoenas that amounted to little more than fishing expeditions by federal prosecutors. When appropriate, we negotiate narrowed scopes or protective orders to limit exposure.
2. Asserting the Privilege Against Self-Incrimination
The Fifth Amendment protects individuals from being forced to provide testimony that could incriminate them. While producing documents is not always considered “testimony,” there are scenarios where it triggers constitutional protections.
If complying with a subpoena would force you to acknowledge the existence, authenticity, or control over potentially incriminating materials, we may assert your Fifth Amendment rights to resist production. This is especially relevant when the subpoena seeks:
- Personal financial records
- Email accounts and login credentials
- Private diaries or communications
3. The Act of Production Doctrine
Even when documents are not themselves incriminating, the very act of producing them may serve as a testimonial act. Known as the act of production privilege, this defense can be critical when the government uses the production itself as evidence of knowledge, control, or possession.
For example, if turning over encrypted hard drives would demonstrate that you knew of their contents or had exclusive access to certain files, we can argue that producing them violates your Fifth Amendment rights. Sosinsky Law has experience litigating these gray areas in federal court.
Negotiating with Prosecutors and Limiting Exposure
Federal prosecutors are often willing to negotiate the scope and manner of compliance with a subpoena duces tecum. Our firm has successfully:
- Limited subpoenas to exclude protected information
- Delayed compliance deadlines to allow proper review
- Secured protective orders for sensitive or confidential materials
- Coordinated document productions that minimize exposure
If your business is under investigation, we can often negotiate corporate immunity agreements or proffer deals that avoid broader liability. In high-stakes matters, early and skillful intervention often leads to better outcomes.
Grand Jury Testimony: Proceed with Caution
Being asked to testify before a grand jury is not a simple request. It is a high-risk environment where prosecutors control the questioning and where you may not have legal counsel in the room with you. Before agreeing to testify:
- We assess whether your appearance poses legal risk
- We determine whether you should assert the Fifth Amendment
- We prepare you thoroughly and negotiate immunity if appropriate
Remember, grand jury secrecy rules prevent you from learning the full scope of the investigation. Our role is to ensure you’re not walking into a legal trap.
Federal Offenses Commonly Investigated by Grand Jury Subpoena
Our firm has handled grand jury subpoenas in connection with many types of federal criminal investigations, including:
- Healthcare Fraud: Billing irregularities, kickbacks, and Medicare/Medicaid fraud
- PPP Loan Fraud: Allegations of misrepresentations in COVID-19 relief applications
- Wire and Mail Fraud: Business practices under scrutiny for misrepresentations
- Tax Fraud: Unreported income, offshore accounts, or inflated deductions
- Securities Fraud: Insider trading, pump-and-dump schemes, or market manipulation
- Public Corruption: Alleged bribery or abuse of office involving public officials
Each of these cases may involve subpoenas duces tecum aimed at records from banks, accountants, employees, or communication platforms. Knowing how to respond to those subpoenas—without increasing your risk—is where Sosinsky Law provides immediate value.
Why Choose Sosinsky Law to Handle Your Federal Subpoena
Attorney Fred Sosinsky has spent over 30 years representing clients in some of the most complex and high-profile federal criminal cases in New York. Whether you’re a physician accused of healthcare fraud, a business owner facing PPP loan scrutiny, or an executive caught in the crosshairs of a financial investigation, our firm provides:
- Immediate protection and legal guidance
- Rigorous review of subpoena scope and legality
- Strategic assertion of constitutional rights
- Skilled negotiation with federal prosecutors
- Courtroom advocacy in motions to quash or limit production
We understand that receiving a federal subpoena can threaten not just your freedom, but your livelihood and reputation. Sosinsky Law is prepared to defend both.
Don’t Face a Grand Jury Alone – Call Sosinsky Law Today
If you or your business has received a federal grand jury subpoena or a subpoena duces tecum, do not attempt to respond on your own. These subpoenas often signal the start of a broader criminal investigation, and missteps can escalate your risk significantly.
Contact Sosinsky Law today at (212) 285-2270 to schedule a confidential consultation. We serve clients throughout New York City, including Brooklyn, Queens, Manhattan, the Bronx, and beyond. Let our experience in federal criminal defense protect your rights, your reputation, and your future.