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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

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Information Sought in Federal Grand Jury Subpoenas

By Spodek Law Group | June 23, 2023
(Last Updated On: July 28, 2023)

Last Updated on: 28th July 2023, 07:21 pm

Testimony and Production of Records in Federal Grand Jury Subpoenas

Alright, let’s dive into this. You know how our pride – the Spodek Law Group and yours truly, Todd Spodek, has dealt with federal grand jury subpoenas, right? Listen closely. They usually demand two things: federal grand jury subpoenas ad testifacandum (your testimony) and federal grand jury subpoenas duces tecum (your documents).

Now, what you need to know is they can have a really wide scope, and no one can check them before they’re issued. Tricky, isn’t it? Here’s a heads-up I feel I should give you: you’ll have to do a careful dissection of the subpoena language, manage legal action to tighten its scope and keep track of the testimonies and the documents you’ll provide.

10 Kinds of Evidence in Federal Grand Jury Proceedings

Incriminating Testimony
You need to understand. If you or your company are the focus of the investigation, the Assistant U.S. Attorneys might try to use your words against you. That’s why as soon as you get a federal grand jury subpoena, you’ll have to recognize your part in the investigation. Even more so, if you or your company is targeted. Your initial steps would be to try and answer potentially troublesome questions without implicating yourself in any federal prosecution.

Then you should get in touch with the federal defense counsel. They can interfere in the investigation and communicate with the U.S. Attorney’s Office on your behalf.

Information Against Co-Conspirators
Often, federal criminal investigations target several individuals who might be part of a criminal operation. They frequently include conspiracy allegations, such as in healthcare fraud or drug crime investigations. Federal prosecutors typically question alleged co-conspirators to collect evidence, find contradictions and false statements, and help co-conspirators in confessing federal crimes.

Emails, Texts, Other Communications
Emails, voicemails, memos, and other communication forms can be evidence in white-collar criminal investigations. On receiving a subpoena duces tecum, businesses must immediately enforce a “legal hold” to prevent the destruction of responsive records. Personal or corporate records custodians subpoenaed must ensure the production of all responsive communications. Any stored back and forth can lead to contempt charges and other consequences regardless of the underlying allegations’ accuracy.

The U.S. Department of Justice (DOJ) allows hearsay evidence in federal grand jury proceedings. Although excessive reliance or non-disclosure of hearsay nature can lead to the violation of Fifth Amendment due process, it won’t cause dismissal of a federal grand jury indictment.

Financial and Business Records
In federal grand jury proceedings, financial records and business records are often subpoenaed by the U.S. Attorney’s Office. This can range from patient records and billing records in healthcare fraud investigations to employment records in investigations of firms accused of illegal hiring.

Agreements with Other Commercial Parties or Customers, Record Retention Policies, Other Internal Policies and Procedures, and Information Leading to Other Sources of Evidence
Now, understand that federal prosecutors may also request agreements with other commercial parties and customers, as well as corporate entities’ record retention policies. These help determine when potentially-relevant records might have been removed. They might also ask for internal policies and procedures. In effect, anything that can provide them with new leads or insights.

Required Disclosure

The power of the U.S. Attorney’s Office isn’t absolute. Subjects of federal investigations and subpoenaed witnesses can challenge federal grand jury subpoenas. Grounds for challenge may include vague, indefinite, unduly burdensome or oppressive demands, irrelevant information, self-incrimination and assertion of attorney-client privilege.

Talk to a Professional

If you receive a federal grand jury subpoena, reach out to a federal defense lawyer as soon as possible. Trust me, you’ll want someone who speaks the language of the courtroom on your side. You can count on Spodek Law Group to back you up. We’re experienced in making sense of federal regulations and will fight tooth and nail for your rights.

Remember, the law can be a tricky maze but with a skilled navigator like us, you don’t have a single thing to worry about.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

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After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

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