Grand Jury Subpoenas And Business Privacy Practices
A federal grand jury subpoena to your business can be stressful and confusing. As businesses collect increasingly large amounts of customer data, it is increasingly common for the Department of Justice to serve a grand jury subpoena on businesses in the course of government investigations. Our criminal defense and data and privacy law attorneys can help you through the process of responding to subpoenas while protecting you and your business from potential liability.
This liability relates to a business’s obligation to properly respond to a properly issued subpoena, but it also extends to a business’s to his customers, employees, and other data groups. Any obligation to customers, employees, and other data groups must be analyzed in light of the company’s published privacy practices, state or federal jurisdictional requirements, and federal law related to subpoenas.
Understanding A Federal Grand Jury Subpoena
A federal grand jury subpoena is a formal request for testimony, documents, or both issued by a federal judge at the request of a prosecutor. Once a grand jury assembles, the Assistant United States Attorneys (AUSAs) working on the case must put forth enough evidence for the grand jury to find that there is probable cause to believe that the target of the DOJ investigation has committed a federal crime. In order to show probable cause, AUSAs can send out subpoenas to third parties to investigate whether or not a crime has been committed. You may receive a subpoena because you are the target of an investigation, or because you have information that would aid law enforcement in their investigation.
What to Do If You Receive a Federal Grand Jury Subpoena
If you are served with a federal grand jury subpoena, the first step is to review the subpoena to determine what type it is. Federal grand jury subpoenas can require you to testify (subpoena ad testificandum), they may require you to produce documents (subpoena duces tecum), or they may require that you do both. Often times, law enforcement investigators are interested in transaction records or other business-related information you or your company may possess to aid in their investigations. Other times, you or your business may be a target of an investigation. Either way, it is important to talk to an attorney so that you know what to expect.
There is usually a deadline by which you must respond to the subpoena, so it is important that if you are considering retaining an attorney, you do so as soon as possible so that you can respond by that deadline. In the meantime, you should refrain from responding to the subpoena until an attorney has reviewed the subpoena and other information. An attorney from our office can assess personal and business liability and help find ways to respond effectively without exposing you or your business to unnecessary liability.
We Help Clients Respond to Grand Jury Subpoenas
- Review subpoenas and determine what information DOJ is requesting
- Determine how you and your business should reply to the subpoena
- Review your business’s privacy policy and jurisdictional rules to ensure compliance with internal policies and applicable privacy laws
- Assess potential liability for responding to subpoenas
- Coordinate and interface with law enforcement
- Quash, object, limit, and reply to a subpoena
Consult with our Privacy Professionals
Our Data & Privacy Law and Criminal Defense attorneys can help your business in responding to law enforcement subpoenas in the Eastern District of Virginia, the Western District of Virginia, and the District of Columbia. Our office is conveniently located less than a mile and a half from the Alexandria Division of the District Court for the Eastern District of Virginia.
If you or your business have received a law enforcement subpoena in the EDVA, contact us today for a consultation.
