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What Can You Expect in a Grand Jury Subpoena?

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Have you received a grand jury subpoena? Are you stressed and concerned about your rights, your reputation and your livelihood?

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Dr. Nick Oberheiden
Dr. Nick Oberheiden

Attorney-at-Law & Founder

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Lynette S. Byrd
Lynette S. Byrd

Former Federal Prosecutor

Partner

Aaron L. Wiley
Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Subodh Chandra
Subodh Chandra

Former Federal Prosecutor

Local Counsel

Elizabeth K. Stepp
Elizabeth K. Stepp

Partner

Roger Bach
Roger Bach
(Non-Lawyer)

Former Special Agent, OIG

Dennis A. Wichern
Dennis A. Wichern
(Non-Lawyer)

Former Special Agent-in-Charge

Chris Quick
Chris Quick
(Non-Lawyer)

Former Special Agent, FBI

Kevin M. Sheridan
Kevin M. Sheridan
(Non-Lawyer)

Retired Supervisory Special Agent, FBI

Ray Yuen
Ray Yuen
(Non-Lawyer)

Former Supervisory Special Agent, FBI

Gamal Abdel-Hafiz
Gamal Abdel-Hafiz
(Non-Lawyer)

Former Supervisory Special Agent, FBI

Call or text me now to discuss the details of your case.

Dr. Nick Oberheiden
310-873-8140

 

The federal grand jury process is a unique proceeding that can have significant consequences for those who are called to testify. Federal prosecutors use grand jury proceedings as a means to gather evidence from individuals who may either be witnesses to suspected illegal activity or suspects in the government’s investigation. However, it is not unusual for individuals who testify as witnesses to subsequently become targets in civil or criminal prosecutions.

For this reason, upon receiving a grand jury subpoena, it is critical to respond appropriately. This is true regardless of whether you have reason to suspect that you may be the target of a federal investigation. Ignoring a grand jury subpoena is ill-advised as it both (i) can lead to imprisonment for contempt, and (ii) is not likely to protect you against the obligation to testify. The best approach is to discuss your grand jury subpoena with a federal defense lawyer as soon as possible, and execute a strategic defense strategy designed to minimize your risk of federal prosecution.

What to Expect after Being Served with a Federal Grand Jury Subpoena

1. Obligation to Respond

When you receive a federal grand jury subpoena, you have a legal obligation to respond. This response can be in the form of a motion to quash the subpoena (if you have grounds to challenge your subpoena’s validity) or in the form of compliance (i.e. showing up in court to testify at the appropriate date and time). In many cases, the best option will be to submit a partial challenge to the government’s subpoena in order to try to limit the scope of the information you must be prepared to provide.

2. Legal Representation

When you are served with a grand jury subpoena, you have the right to seek legal representation. When choosing an attorney to represent you, it is important to understand that not all law practices are alike. There are far fewer attorneys that handle federal grand jury subpoenas than state grand jury subpoenas, and fewer still who have extensive experience (and a significant record of success) in federal health care fraud and other white-collar criminal investigations.

However, while you are entitled to legal representation as you prepare your testimony or document protection (and if you choose to challenge your subpoena in federal court), you are not entitled to have your attorney present in the grand jury room. You will need to appear before the grand jury alone. And if you need legal advice during the grand jury proceedings, you will need to ask to consult with your attorney outside of the grand jury’s presence.

3. Documents, Testimony, or Both

A federal grand jury subpoena can request documents, testimony, or both. A subpoena that requests documents is known as a subpoena duces tecum, while a subpoena that requests testimony is known as a subpoena ad testificandum. If you have custody of records that are relevant to the government’s investigation, you may simply be asked to produce the documents and verify their authenticity. If you are asked to testify, you will need to be prepared to respond to all inquiries truthfully and to the best of your ability – unless it is in your best interests to assert your Constitutional rights.

4. Jury of Your Peers

Similar to a trial jury, a grand jury consists of private citizens who have been called to serve in compliance with their civic duty. However, unlike a trial jury, a grand jury does not weigh evidence presented by both parties and it does not determine guilt or innocence. Instead, the grand jury’s role is to aid in the government’s investigation and determine whether there is sufficient evidence to support an indictment.

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Nick is extremely professional and knows what he is doing. He is also very kind as a person (unless he is in court!) I would recommend him to just about anyone if they need an amazing lawyer that is top notch and would frankly be scary to face in the court room. He will always do a great job representing his clients. Thank you very much.read more
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Anna P.
Nick is the absolute top expert in any federal case
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Smart. Smarter. Nick. As a healthcare executive, I once ran into a litigation issue. I hired Nick and, literally, before I knew it the case was resolved in my favor. Nick has an incredible presence and every lawyer in the room knows that Nick will do exactly what he says. It was a mesmerizing experience to see Nick in action! Very calm and determined, Nick is the absolute top litigator.read more
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Nick has been a friend and trusted advisor for almost 10 years. As anyone just looking at his bio can tell, Nick is an outstanding attorney in highest demand across the country. All healthcare providers should hire attorney Nick Oberheiden!! You will not be disappointed.
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Corban Milam
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I have worked with Nick Oberheiden for over ten years on various litigation matters in and around New York City. Nick is an accomplished and seasoned lawyer and litigator---efficient, reliable, practical and, at the same time, highly academic. Nick will take the time necessary to understand a client's short- and long-term goals, and tailor his representation and advice to work toward and achieve those ends. Nick is a zealous advocate for his client, and will never sacrifice his client's interests for a quick or easy resolution to a case. At the end of the day, Nick is a great person to know if you or your business is in need of a top litigator or defense attorney.read more
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Brendan C.
When I was faced with one of the most terrifying and unexpected situations in my life, I called Dr. Oberheiden. I had vetted other attorneys and came right back to him. His knowledge, expertise, and reassuring presence made the decision easy. Throughout my case, his level of communication was what I needed and expected. He constantly updated me on the status and progress of my case and was able to “talk me off the ledge” when the stress of it all would set in. He is simply the best of the best...there’s not a question about it.read more
Angela Lee
Angela L.
Nick is a superb lawyer with exceptional skills and a formidable personality. Nick works harder, he thinks smarter, and he delivers faster than any lawyer you will ever find. Good, better, Nick!
Jacqueline Singleton
Jacqueline S.
1st class service. Atty. Iberheiden and Atty. Lynette Byrd were always available for us during the whole process of our Home Health Audit. Thank you so much!
Ed Orosa
Ed O.
I am a healthcare compliance consultant with almost 25 years of experience. The one advice I have for anyone seeking a lawyer with unbeatable healthcare law experience is to hire attorney Nick Oberheiden. For the past 8 years, I have worked with Nick on a variety of healthcare matters—from DEA compliance to DOL supervisory rules to setting up PT and pain management clinics. I have never once seen a client not being 100% intrigued by Nick’s proven expertise in the field of healthcare structuring and compliance. Dr. S.T.read more
Raft Consultants
Raft C.
Nick Oberheiden is a spectacular lawyer, a true life saver. Nick is simply the very best!
Michael P
Michael P
Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.
Marshall M
Marshall M
Great firm, with a great firm record of experienced healthcare and litigation attorneys.
Chris Anderson
Chris A.

5. True Bill or No Bill

Upon hearing testimony from all subpoenaed witnesses and considering all of the documents and other evidence presented, the grand jury will then either issue what is known as a “True Bill” or a “No Bill.” If the grand jury issues a True Bill, this means that the grand jurors have determined that is probable cause to believe that the target of the government’s investigation has committed the alleged criminal offense. If the grand jury issues a No Bill, this means that the grand jurors have determined that there is insufficient evidence to support a criminal prosecution.

6. Preparing for a Favorable Outcome

Assuming that you do not have grounds to successfully challenge your grand jury subpoena in its entirety, you will need to promptly begin preparing your testimony or document production. Grand jury subpoenas can demand an extraordinary amount of information, and preparing thoroughly is they key to avoiding mistakes and being held in contempt of court.

Important steps to prepare for appearing before a federal grand jury include:

  • Meet with your attorney – You should meet with your attorney as soon as possible to determine the scope of the subpoena and identify any potential grounds for filing a motion to quash.
  • Determine the nature of the investigation – Are you being targeted in the government’s investigation? Are you being subpoenaed as a witness? In either case, what are the specific allegations involved? Knowing the answers to these questions will help you make informed decisions about how you respond to the government’s request for information.
  • Preserve relevant records – In order to avoid facing court sanctions for “spoliation” or destruction of evidence, you will need to take appropriate steps to preserve any responsive electronic or hard-copy documents within your possession or control.
  • Anticipate questions – Working with your attorney, you should seek to anticipate the questions that you are likely to be asked during the grand jury proceeding and make sure you are prepared to respond appropriately.
  • Strategize – Aside from preparing your answers, what is the best overall strategy for protecting yourself against criminal prosecution? When and how should you request to speak with your attorney during the grand jury proceedings? What other steps can you take (outside of the grand jury process) to mitigate your potential exposure? The more you strategize in advance, the better able you will be to protect yourself against undesirable consequences.

Are you accused of a federal crime?

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Have you received a federal grand jury subpoena? If so, we strongly encourage you to contact us for a free and confidential initial consultation. To speak with one of our experienced federal defense lawyers in confidence, please call (214) 692-2171 or inquire online now.

This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Merely reading this information does not create an attorney-client relationship. Prior results do not guarantee similar outcomes in the future. Oberheiden, P.C. is a Texas professional corporation with its headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

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Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.

– Marshall M.

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