Receiving a federal subpoena can be an alarming experience. Whether it’s from the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Securities and Exchange Commission (SEC), or another federal agency, it signals that you or your business are involved in a federal investigation. The way you respond can have serious legal and financial consequences. Understanding your rights and obligations is crucial to protecting yourself and your interests.

At National Security Law Firm (NSLF), we specialize in helping individuals and businesses navigate federal investigations and subpoenas with confidence and strategic planning.

Types of Federal Subpoenas

Federal subpoenas generally fall into three main categories, each with different implications:

  1. Grand Jury Subpoena
    • Issued in criminal investigations, requiring you to provide testimony or produce documents before a grand jury.
    • Often a sign that the government is building a criminal case.
  2. Administrative Subpoena
    • Issued by regulatory agencies such as the SEC, IRS, or FTC as part of an investigation into regulatory compliance.
    • Failure to comply can lead to enforcement actions and penalties.
  3. Civil Investigative Demand (CID)
    • Used in civil fraud investigations, such as False Claims Act cases.
    • Can request documents, testimony, or written responses to specific questions.

Steps to Take If You Receive a Federal Subpoena

If you have received a federal subpoena, follow these essential steps to ensure your legal rights are protected:

  1. Do Not Ignore It
    Ignoring a federal subpoena can lead to contempt of court charges, penalties, and even arrest warrants. Treat the subpoena with urgency and seriousness.
  2. Review the Subpoena Carefully
    Understand exactly what the subpoena is requesting. Key aspects to consider:
  • The issuing agency and type of subpoena.
  • The scope and timeline for compliance.
  • Whether you are a witness, subject, or target of the investigation.
  1. Contact an Experienced Federal Defense Attorney Immediately
    Before responding to the subpoena, seek legal representation to evaluate your options and develop a strategy. An experienced attorney can help:
  • Assess your legal risks.
  • Ensure compliance while protecting your rights.
  • Communicate with federal investigators on your behalf.
  1. Preserve All Relevant Documents
    Do not delete, alter, or destroy any documents related to the subpoena. Doing so can lead to obstruction of justice charges. Your attorney will guide you on how to properly preserve records.
  2. Determine the Appropriate Response
    Your response strategy will depend on the nature of the subpoena. Possible responses include:
  • Full compliance with document production.
  • Negotiating the scope or timeline of the request.
  • Challenging the subpoena in court if it is overly broad or burdensome.
  1. Limit Internal Discussions
    Avoid discussing the subpoena with employees, colleagues, or external parties, as this could compromise your defense or escalate the investigation.
  2. Prepare for Potential Testimony
    If you are required to testify, your attorney will help you understand the questions you may face and how to provide accurate and consistent responses without self-incrimination.
  3. Assess Potential Exposure
    Work with your attorney to evaluate whether the subpoena indicates deeper legal exposure. This will help you prepare for possible next steps, such as cooperating with the government or mounting a legal defense.

Common Mistakes to Avoid

Failing to take the right steps can worsen your legal position. Some common mistakes to avoid include:

  • Speaking to Federal Investigators Without an Attorney
    Anything you say can be used against you.
  • Ignoring Deadlines
    Missing a response deadline can result in fines or legal action.
  • Underestimating the Investigation
    Even if you believe you have done nothing wrong, investigations can uncover unexpected issues.
  • Providing Too Much Information
    Over-disclosure can put you at unnecessary risk; stick to what is required by the subpoena.

How NSLF Can Help

At National Security Law Firm, our experienced legal team, led by Duane “DAK” Kees, a former U.S. Attorney, can guide you through every step of responding to a federal subpoena.

Why Choose Us?

  • Insider Knowledge: We understand federal investigative tactics and know how to respond effectively.
  • Flat-Fee Billing: Transparent pricing with no hidden costs.
  • Personalized Attention: We work closely with clients to develop tailored legal strategies.
  • Aggressive Defense: We are prepared to challenge overbroad subpoenas and protect your rights.

Contact NSLF Today for a Confidential Consultation

If you have received a federal subpoena, don’t wait to seek legal representation. Early intervention can make all the difference in your case. Contact National Security Law Firm today to discuss your options confidentially.

Schedule a Consultation: Book a Consultation or call 202-600-4996.

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