Business Compliance with Grand Jury Subpoenas and Other Investigations
There are complex rules that accompany a subpoena of a business for the purpose of a criminal investigation. Whether your business is the subject of a criminal investigation or is subpoenaed as a witness, it is essential to obtain experienced legal counsel.
The Importance of Full Compliance
When responding to a grand jury subpoena, it is imperative that a business act carefully to avoid the appearance of trying to hide evidence and to avoid a potential charge of obstruction of justice. For example, a company with an ongoing policy of destroying documents after a certain length of time should suspend that policy.
Upon receipt of a subpoena calling for documents, the policy may be modified or reinstated after consultation with an attorney and compliance with the subpoena. Representatives of the business must be able to testify honestly that efforts to comply with subpoena were thorough and complete. Failure to handle these matters correctly can raise the specter of incomplete compliance, possibly resulting in obstruction of justice charges or charges for other crimes.
Minimizing Costs
Another aspect of a corporate subpoena is the financial burden that compliance places on a company. In some cases, companies are required to search large volumes of data, especially if they do not have a retention policy for storing old emails, which can pose extraordinary costs. Our attorneys can negotiate with the U.S. Department of Justice or state officials to find ways to minimize costs for companies while still complying with the requirements of the subpoenas. Often subpoenas demand things that are unconstitutional or prohibited. Knowing the difference between what a business must do and may not do can lead to avoiding unnecessary expense and criminal exposure.
