How to Respond When Served with a Grand Jury Subpoena

If you’ve received a grand jury subpoena, it means the federal government is building a case, and you’re either a witness, a subject, or a target. Prosecutors use grand jury subpoenas as a primary method to collect evidence. These subpoenas go out to banks, phone companies, businesses, and individuals, requesting records or demanding testimony under oath.

The consequences of a mistake at this stage can be severe, especially for business owners or corporate officers who may be under investigation themselves. Before making any decisions or turning over a single document, you need to understand what’s at stake and how to respond the right way.

What Information is Generally Targeted by Subpoenas?

A federal grand jury subpoena can request just about anything connected to the alleged offense. Financial institutions may be asked to provide detailed banking history. Internet service providers might receive subpoenas seeking IP logs, email headers, cached data, or other digital breadcrumbs. For businesses, subpoenas often demand internal records (emails between employees, client invoices, accounting files, calendars, contracts, etc.). Even third-party vendors or consultants can be pulled in if prosecutors believe they have useful information.

Subpoenas for testimony are also common. These require someone to appear before the grand jury and answer questions under oath. Even if you haven’t been accused of wrongdoing, your answers (or how you give them) can affect your future. And if you are the person under investigation, testifying without representation can be devastating. That’s why it’s essential to recognize the full scope of what’s being requested and what potential liabilities might arise before responding.

Do Businesses Have Fifth Amendment Rights?

One of the most common misunderstandings comes from trying to apply the Fifth Amendment to business records. While the Constitution protects individuals from being forced to testify against themselves, that protection doesn’t apply to companies. A business can’t “plead the 5th.” If your company receives a subpoena requesting business records, it must comply, with few exceptions. This includes sole proprietorships and single-member LLCs. Even if you are the only person in the company and the target of the investigation, the law still views the company as separate from you for purposes of production of business records in an investigation.

That means production of any documents generated in the normal course of business can be compelled and used against an individual, even if the requested document directly incriminates them. Producing business records is not the same as testimony, even if they are incriminating. It treats it as compliance with a legal obligation, not a personal admission of guilt. That’s why any decision about what to produce, how to respond, or whether to challenge the subpoena must be made in consultation with legal counsel who understands both business operations and federal criminal law and procedure.

Actions to Take Immediately After Receiving a Subpoena

The worst thing you can do after receiving a grand jury subpoena is to just respond because you think you haven’t done anything wrong. The second worst thing is doing nothing. Whether you’re a business owner, executive, or someone caught in the middle, your first move should be to contact an attorney who has experience dealing with federal investigations. Your attorney needs to know everything. What your business does, how your systems work, where your data lives, and what involvement (if any) you may have had with the conduct in question.

Trying to shield records or destroy them will only make matters worse. If the government later finds out through discovery or other means, you may face obstruction charges in addition to whatever it’s already investigating. Instead, work with your attorney to create a strategy. Sometimes, that means producing records in stages or negotiating the scope of the subpoena. Other times, it may be time to fight back. But that call should only be made after fully assessing the situation. And that starts with transparency between you and your lawyer.

Handle Federal Subpoenas With Confidence (and the Right Attorney)

You don’t have to face federal prosecutors alone. With the right legal strategy, you can respond intelligently without putting yourself or your business at unnecessary risk. Barry M. Wax, Attorney at Law, has helped professionals and business owners protect their future when federal investigations start closing in. If you’ve received a grand jury subpoena, contact our office today to get the legal solutions you need.