What Should I Do When I Receive a Grand Jury Subpoena?
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If you receive a federal grand jury subpoena, that means that you or someone you know or were affiliated with is the target of a federal criminal investigation. With this proximity and danger in mind, you should immediately contact the experienced attorneys at Oberheiden P.C. to find out:
- Am I a Target?
- What Is this Investigation about?
- Do I Need to Comply?
- Can My Lawyer Get Me an Extension?
- Do I Need to Testify Against Someone I Know?
- How Can We Convince the Prosecutor that I Did not Do Anything Wrong?
- Should I Discuss the Investigation with Anyone Other than a Lawyer?
- What Is My Lawyer’s Experience in These Types of Cases?
- Who at Oberheiden PC Will Represent Me?
- What Is the Advantage of Using one of Oberheiden P.C.’s Former Federal Prosecutors to Handle My Case?
Here is Why Clients from Across the United States Want the Federal Grand Jury Defense Lawyers from Oberheiden P.C. on Their Defense Team
Unlike most lawyers (who only handle federal cases occasionally), the attorneys of Oberheiden PC have a long and distinct track record of defending companies, business owners, and people from all walks of like in federal cases. The reason we emphasize our focus on federal cases is simple but important. Federal cases, federal investigations, and federal grand jury matters require a specific knowledge that is different from ordinary police or state cases. So, when you look for attorneys, make sure you specifically ask about the firm’s federal experience in cases just like yours. The best hand surgeon might not necessarily also be the most experienced cardiologist. Among our recent case outcomes in federal grand jury proceedings are:
Example 1: Grand Jury Investigation (Kickbacks)
A surgeon received a grand jury subpoena from the U.S. Attorney’s Office. The subpoena requested a wide variety of documents including patient records, medical directorship agreements, accounting statements, and income disclosures. The physician was a target of a federal “kickback” case. Our attorneys visited with the prosecutors in charge and worked out a resolution whereby the criminal case against the doctor was converted into a civil settlement with the government. No criminal charges. The physician’s license was unaffected as well.
Example 2: Grand Jury Investigation (Securities Fraud, Money Laundering)
Our client contacted us after he had received a Justice Department Grand Jury subpoena. When we spoke to the prosecutors, it was quickly shared with us that our client is a target of the investigation. After a detailed internal analysis, we reached back out to the government and agreed to meet. The meeting was attended by FBI agents and prosecutors and our presentation convinced the government to not move forward with an indictment. No criminal charges.
Example 3: Grand Jury Investigation (Healthcare Billing Fraud)
Many clients contact us because of a government healthcare fraud investigation against them. In one of our recent cases, the healthcare executive received a grand jury subpoena with a request to testify before the grand jury. Because we had concerns about our client’s testimony, we signaled to the government that testimony would be more advantageous for everyone outside a grand jury setting due to Fifth Amendment issues. After some back and forth, the Assistant United States Attorneys handling the matter gave our client an alternative forum and we were able to resolve the case on behalf of our client with No Charges.
What Does It Mean to Receive a Grand Jury Subpoena?
Witness, Subject, Target
“A “target” is a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant. An officer or employee of an organization which is a target is not automatically considered a target even if such officer’s or employee’s conduct contributed to the commission of the crime by the target organization. The same lack of automatic target status holds true for organizations which employ, or employed, an officer or employee who is a target.” A “subject” of an investigation is a person whose conduct is within the scope of the grand jury’s investigation. In terms of criminal exposure, a “subject” falls on the spectrum somewhere between a “target” and a “witness.” The prosecutor may believe a “subject” has engaged in criminal activity but does not have the corroborating evidence yet to label this individual as a “target.” A “witness” is an individual who may information that law enforcement believes might be relevant in a criminal investigation to help prove either the guilt or the innocence of another individual. The criminal exposure of a “witness” is low – the prosecutor generally believes a “witness” did not do anything wrong but has information to aid the pending investigation.
Irrespective of your status as a witness, subject, or target, most grand jury proceedings end up with an indictment against one or more defendants. After all, it is the job of the grand jurors to evaluate information to then decide against whom felony charges should be brought. Because an indictment is thus always the end goal of the grand jury process, anyone involved in the grand jury process must understand the danger of ending up being charged.
Two Types of Grand Jury Demands
Most grand jury subpoenas ask for documents; few subpoenas order a recipient to actually testify before the grand jurors. The grand jury typically convenes periodically over a period of several months inside the local federal court house. Either form of a notice should prompt you to be an alert and under no circumstances should you handle a grand jury request yourself, just because you feel you have done nothing wrong. Get an advocate that will work on your behalf and who can convince the prosecutor to work with you rather than against you.
Grand Jury Subpoenas Are Issued in a Variety of Federal Investigations Including but not Limited to:
- Healthcare Fraud (18 U.S.C. 1347)
- Federal Drug Conspiracy (21 U.S.C. 846)
- Bribery (18 U.S.C. 201)
- Mail Fraud (18 U.S.C. 1341)
- Wire Fraud 18 U.S.C. 1343)
- Computer Crimes
- Tax Fraud (26 U.S.C. 7206)
- Bank Fraud (18 U.S.C. 1344)
- Counterfeiting (18 U.S.C. 2320)
- Money Laundering (18 U.S.C. 1956)
- Mortgage Fraud
- Insurance Fraud
- Securities Fraud (15 U.S.C. 78j, 78jj; 18 U.S.C. 1348)
- Obstruction of Justice (18 U.S.C. 1512)
- Perjury/ False Statement (18 U.S.C. 1001)
- Intellectual Property Crimes
- Credit Card Fraud
- Identity Theft
- Pornography Offenses
- Prostitution & Trafficking Offenses
- Unauthorized Access (18 U.S.C. 1030)
- Espionage Act
- Patriot Act
- Obstruction of Justice
- RICO Allegations
- Conspiracy to Distribute Controlled Substances (21 U.S.C. 841; 21 U.S.C. 846)
- Conspiracy to Commit Money Laundering (18 U.S.C. 1357; 18 U.S.C. 371)
- Conspiracy to Commit Mail Fraud (18 U.S.C. 1341; 18 U.S.C. 371)
- Conspiracy to Commit Wire Fraud (18 U.S.C. 1343; 18 U.S.C. 371)
- Conspiracy to Commit Bank Fraud (18 U.S.C. 1344; 18 U.S.C. 371)
- Conspiracy to Commit Tax Fraud (26 U.S.C. 7206; 18 U.S.C. 371)
- Conspiracy to Commit Medicare Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
- Conspiracy to Accept or Receive Illegal Kickbacks (42 U.S.C. 1320a-7(b)(b); 18 U.S.C. 371)
- Conspiracy to Commit Obstruction of Justice (18 U.S.C. 1518, 1519; 18 U.S.C. 371)
- Conspiracy to Make False Statements Relating to Health Care Matters (18 U.S.C. 1035; 18 U.S.C. 371)
- Conspiracy to Commit Healthcare Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
- Conspiracy to Commit Theft or Embezzlement in Connection with Health Care (18 U.S.C. 669; 18 U.S.C. 371)
- Attempt or Conspiracy to Commit Health Care Fraud (18 U.S.C. 1349; 18 U.S.C. 371)
- Conspiracy to Commit Medicaid Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
- Conspiracy to Commit Securities Fraud (18 U.S.C. 1348; 18 U.S.C. 371)
- Conspiracy to Unlawfully Use Health Information (42 U.S.C. 1320d-6; 18 U.S.C. 371)
- Conspiracy to Use Identification Information (18 U.S.C. 1028(a)(7); 18 U.S.C. 371)
- Conspiracy to Commit Bribery (18 U.S.C. 201; 18 U.S.C. 371)
Find Out How Oberheiden P.C. Has Successfully Defended Businesses, Executives, Accountants, Attorneys, Healthcare Providers, and Business Owners in Federal Grand Jury Cases!
If you need to speak with a federal defense lawyer, please contact us to schedule a free and confidential case assessment. Members of our defense team are available 24/7, so call 888-519-4897 or request an appointment online now.
Call Dr. Nick Oberheiden and His Team Immediately When You Were Served a Grand Jury Subpoena