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Subpoena Defense Law Firm
Subpoena Defense Lawyers and Consultants with Experience on Both Sides of Civil and Criminal Investigations
Subpoena Team Lead
A subpoena is a powerful investigative tool that multiple federal and state agencies use to gather evidence in support of efforts to pursue civil or criminal charges. If you have received a subpoena, this does not necessarily mean that you or your company is under investigation (although it certainly could); but, nonetheless, you must respond appropriately and strategically in order to avoid unwanted scrutiny.
At Oberheiden P.C., we represent individuals and businesses in defense of a subpoena received nationwide. With former U.S. Attorneys, Assistant U.S. Attorneys, state prosecutors, and federal agents on our defense team, we have extensive experience on both sides high-stakes civil and criminal law enforcement investigations. This experience spans all major federal law enforcement agencies and includes cases involving attorney general’s offices in multiple states around the country; and, as defense counsel, we have a 95% success rate protecting our clients against civil and criminal charges.
We Handle High-Stakes Investigations Nationwide
Our defense team is comprised of senior in-house attorneys as well as a nationwide network of senior defense attorneys and consultants whose backgrounds include time spent at the U.S. Department of Justice (DOJ), various U.S. Attorney’s Offices and state prosecutor’s offices, the Federal Bureau of Investigation (FBI), the U.S. Securities and Exchange Commission (SEC), and other federal investigative and law enforcement agencies. Regardless of the entity issued your subpoena, we can advise you, respond to the subpoena on your (or your company’s) behalf, and work to ensure that the investigation does not lead to state-level or federal charges. Our experience includes helping clients avoid prosecution in cases involving:
DOJ Subpoena
The DOJ is the nation’s chief law enforcement agency, and it investigates civil and criminal offenses ranging from bank and insurance fraud to large-scale drug conspiracies. If you have received a subpoena from the DOJ, you must craft your response carefully, and you must do so with a clear understanding of the scope and nature of the federal government’s investigation.
When we defend clients who have been served with a DOJ subpoena, we work quickly to assess our clients’ subpoena and gather as much information about the government’s investigation as we can. With this information in hand, we are able to then make strategic decisions and advise our clients effectively about how best to proceed. Depending on the circumstances, this may involve challenging the subpoena (either in whole or in part), engaging with the DOJ attorneys who are handling the investigation to obtain clarifications or negotiate the scope of the subpoena, and/or preparing a timely and compliant response that protects sensitive information and preserves the attorney-client privilege.
FBI Subpoena
Federal Bureau of Investigation (FBI) subpoenas and search warrants can also seek information in connection with investigations into a broad range of federal crimes. The FBI investigates white-collar crimes including cybercrimes, financial crimes, public corruption, and all forms of fraud, and it investigates matters involving organized crime, counterintelligence, terrorism, and other serious threats to national security as well. Regardless of the allegations being targeted, if you have received an FBI subpoena or search warrant, you need to respond strategically and appropriately, and it is important that you engage experienced federal defense counsel right away.
FEC Subpoena
The U.S. Federal Election Commission (FEC) is the federal agency that holds primary responsibility for ensuring compliance with the country’s election and campaign finance laws and protecting the sanctity of our democracy. As a result, FEC investigations typically have extremely high stakes for all parties involved. We represent public officials, political candidates, political action committees (PACs), donors, and others in FEC investigations nationwide, and we have extensive experience helping individuals and organizations effectively respond to subpoenas, search warrants, and other investigative demands.
FTC Subpoena
The U.S. Federal Trade Commission (FTC) is tasked with, “protect[ing] consumers by stopping unfair, deceptive or fraudulent practices in the marketplace.” It enforces the Federal Trade Commission Act (FTC Act) and the multitude of other laws that govern commercial entities’ activities within the United States. Through its subpoena power, the FTC can request voluminous records in support of its investigative efforts, and companies served with FTC subpoenas must work quickly to both assess their grounds for challenging the subpoena (if any) and prepare a compliant response.
Grand Jury Subpoena
The federal grand jury system provides the means by which prosecutors at the DOJ and U.S. Attorneys’ Offices around the country can obtain indictments to pursue criminal charges in federal district court. The federal grand jury process is unlike any other process in the state or federal judicial system, and providing information to a federal grand jury in response to a subpoena is a task that is fraught with risks while providing virtually no possible reward.
At Oberheiden P.C., our lawyers have handled federal grand jury proceedings around the nation, and we have had significant success helping our clients avoid prosecution after receiving grand jury subpoenas. If you have received a grand jury subpoena, your response needs to be your top priority, and you need to engage highly-experienced federal defense counsel immediately.
SEC Subpoena
The U.S. Securities and Exchange Commission (SEC) uses its subpoena power to investigate civil and criminal wrongs involving financial harm to U.S. investors. Its recent priorities have included targeting companies suspected of engaging in fraudulent cryptocurrency-related securities transactions (including unregistered initial coin offerings (ICOs), and “affinity” fraud scams that target specific populations such as senior investors. However, it continues to investigate more-traditional forms of securities fraud and other securities law violations as well; and, if you have received an SEC subpoena, you will need to gain a clear understanding of the issue(s) at hand in order to craft an informed and strategic response.
State Attorney General Subpoena
In addition to representing clients in cases involving federal law enforcement investigations, we also represent clients who are under investigation by state Attorneys General. If you have received a subpoena from your state’s Attorney General’s Office, our former state prosecutors can help ensure that your response does not increase your risk of prosecution. We handle state Attorney General’s Office investigations involving all types of serious white-collar offenses, from state securities law violations to Medicaid fraud.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former Department of Justice
Brian J. Kuester
Former U.S. Attorney
Former DA
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney & Former District Attorney
Local Trial & Defense Counsel
Amanda Marshall
Former U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Michael Koslow
Former Supervisory Special Agent (FBI)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Ray Yuen
Former Supervisory Special Agent (FBI)
5 Important Questions You Need to Answer After Receiving a Federal or State Attorney General Subpoena
If you have received a subpoena – either in your individual capacity or as a corporate representative – there are several questions that you will need to answer quickly in order to respond appropriately while also protecting yourself (and your company, if relevant) to the fullest extent possible. These questions include:
Q: Are You a Witness, Suspect, or Target?
The fact that you have received a subpoena does not necessarily mean that you are the target of the government’s investigation. When responding to a subpoena from the federal government or a state Attorney General’s Office, it is important to first discern your (or your company’s) role in the inquiry.
Q: Is the Investigation Civil or Criminal In Nature?
Civil and criminal investigations present very different risks. They also involve different procedures and different burdens of proof. In order to make informed and strategic decisions about how you respond to the government’s subpoena, it is also important to discern whether the investigation is civil or criminal in nature.
Q: What Agencies are Involved in the Investigation?
The agency that issued the subpoena (or that obtained the subpoena from a federal judge) might not be the only agency involved in the investigation. For example, if you have been served with a DOJ subpoena, various other agencies – from the Department of Health and Human Services (DHHS) to the Internal Revenue Service (IRS) – could be involved in the investigation as well. Determining which agencies are involved will provide additional insight into the scope and nature of the investigation.
Q: How Long has the Investigation Been Ongoing?
The duration of the investigation is also an important factor to consider when crafting a strategic response to a subpoena. If the investigation has been ongoing for some time, the government will already have a significant amount of information in its possession, and this can greatly influence how you choose to respond—potentially if you or your company is a suspect or target. Conversely, if the investigation is still in its infancy, there may be a greater opportunity to resolve the inquiry quickly without significant negative ramifications.
Q: What Do You Need to Do in Order to Avoid Facing Charges?
Finally, given the answers to the previous questions, what do you need to do in order to avoid facing charges? Depending on the circumstances involved, submitting a compliant response to the subpoena could be enough. Or, it may be necessary to develop a comprehensive defense strategy focused on fending off serious criminal allegations.
Contact Oberheiden P.C. 24/7 for a Complimentary Case Assessment
If you have been served with a federal subpoena or a subpoena from a state Attorney General’s Office, we encourage you to speak with one of our senior defense attorneys. For a complimentary case assessment at Oberheiden P.C., call 888-680-1745 or tell us how we can reach you online now. We serve clients nationwide and are available 24/7.
