The Grand Jury Subpoena
The first order of business when a grand jury subpoena is received is to retain legal counsel. Legal counsel will then confer with the prosecutor to determine the purpose and scope of the investigation. Legal counsel will also try to determine your status as either a “target,” a “subject” or as a “witness.” A “target” is “a person as to whom the prosecutor or the grand jury has substantial evidence linking him to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant.” Department of Justice (“DOJ”) Manual, § 9-11.150. A “subject” is “a person whose conduct is within the scope of the grand jury’s investigation.” Id. This designation can mean that allegations have been made that involve you and the grand jury is investigating the basis for the allegations. A “witness” is not a target or subject but is someone whom the government believes has information relevant to the matter under investigation. When it is appropriate, you should inform the prosecutor that it is the company’s policy to advise employees of their legal rights and to indemnify employees for the costs of representation. You should explicitly request that prosecutor go through corporate counsel, or otherwise designated retained counsel, before approaching any employees.
More later.
As always, feel free to call me or e-mail me with any questions at walter.james@jamespllc.com.
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