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How Grand Jury Subpoenas Work in Federal Investigations

By Los Angeles Criminal Defense Attorney on June 9, 2025

Federal investigations can unfold quietly and then suddenly hit hard and fast. This often occurs with the arrival of a federal grand jury subpoena.

Whether you’re a business executive, a corporate officer, or a private individual, receiving a subpoena in a white-collar case means you’re under serious scrutiny. How you respond may determine whether you remain a witness, become a subject, or end up as the target of a federal indictment.

Werksman Jackson & Quinn LLP is often retained by high-profile clients and entities involved in complex federal matters. We understand how grand jury proceedings work behind the scenes, and we know how to protect our clients’ reputations, businesses, and freedom.

What Is a Federal Grand Jury Subpoena?

A federal grand jury subpoena is a legally binding order issued by a grand jury—a body of citizens selected to investigate and decide whether criminal charges should be brought. Grand juries operate in secrecy, and they are used extensively in federal investigation processes, especially for white-collar crimes such as fraud, embezzlement, public corruption, and tax evasion.

There are two types of subpoenas:

• Subpoena ad testificandum: Orders a person to testify before the grand jury.
• Subpoena duces tecum: Requires the production of documents, data, records, or other tangible evidence.

Are You a Witness, Subject, or Target?

Receiving a grand jury subpoena is an indication that you or your organization is somehow connected to a federal criminal inquiry, and your next move must be calculated with care.

The U.S. Department of Justice categorizes those involved in an investigation into three roles:

• Witness: Someone who has relevant information but is not suspected of wrongdoing.
• Subject: A person whose conduct is within the scope of the investigation but not yet accused.
• Target: Someone whom the prosecution believes has substantial evidence linking them to a federal crime.

You may not be told your status when served, but your attorney can often determine this by contacting the Assistant U.S. Attorney (AUSA) handling the case. This is where hiring pre-indictment counsel becomes critical.

Immediate Steps to Take After Receiving a Subpoena

Do not try to navigate a federal grand jury subpoena alone. Your response can have significant legal and strategic consequences. Here’s what you’ll want to do:

Hire Experienced Federal Counsel Immediately

This cannot be overstated. At Werksman Jackson & Quinn LLP, we begin every case by assessing the scope of the subpoena and determining your role in the investigation. The earlier we’re involved, the better we can shape the subpoena response strategy and protect you from missteps.

Do Not Destroy or Alter Documents

Destroying, modifying, or even moving records in response to a subpoena can lead to obstruction of justice charges. Preserve all requested materials exactly as they are.

Do Not Contact Other Potential Witnesses

In federal probes, especially those involving multiple employees or business partners, the government watches closely for signs of witness tampering. Let your Los Angeles federal crime defense attorney handle any necessary coordination.

Review the Subpoena Scope and Deadlines

Subpoenas often request broad categories of documents. Your attorney should review whether the request is overly burdensome, vague, or potentially privileged and then negotiate scope or timing with the government if needed.

Key Elements of a Subpoena Response Strategy

Your grand jury defense begins with crafting a detailed, legally sound plan. Here’s what that looks like in complex federal matters:

Identifying Privileged Information

If documents contain attorney-client communications, trade secrets, or Fifth Amendment concerns, your attorney may file a motion to quash or negotiate with the AUSA to withhold or redact sensitive material.

Asserting Your Fifth Amendment Rights

If you are personally subpoenaed to testify and your answers might incriminate you, you have the right to invoke your Fifth Amendment rights against self-incrimination. In some cases, the government may compel testimony by offering immunity, which brings its own risks and benefits. A skilled defense lawyer will advise you on the best way to assert these rights.

Parallel Civil and Regulatory Risks

In white-collar cases, federal investigations often overlap with civil suits or regulatory reviews (e.g., SEC, IRS, FTC). What you say or submit to a grand jury can be used in other proceedings. That’s why you need a federal investigation process advisor who sees the full playing field.

Negotiating Scope and Timing

Our firm often negotiates with prosecutors to narrow broad subpoenas, protect clients’ business operations, and ensure compliance is achievable without unnecessary disruption.

The Dangers of Going It Alone

Far too often, targets or witnesses think they can clear things up by cooperating informally with federal agents. This can be a fatal mistake. Federal prosecutors and FBI agents are trained to extract incriminating statements without revealing their full hand. Innocent-sounding answers can later be used to support charges of perjury, obstruction, or making false statements.

With pre-indictment counsel from Werksman Jackson & Quinn LLP, you’re protected from fishing expeditions and strategically positioned for the best possible outcome, whether that’s immunity, dismissal, or early resolution before charges are filed.

What Happens After Subpoena Compliance?

Once you’ve complied with the subpoena by producing documents or testifying, your role in the investigation may evolve. The government may:

• Call you back for additional testimony
• Offer immunity in exchange for cooperation
• Label you a subject or target
• Present your testimony or records as evidence in a criminal complaint

That’s why your response should never be reactive. The goal is to anticipate where the investigation is going and take steps now to guard against future exposure.

It’s Time to Have the Right Team Behind You

At Werksman Jackson & Quinn LLP, our reputation for trial excellence and discretion makes us a go-to firm for individuals and entities facing federal scrutiny. When you’re up against the U.S. government, you’re not just hiring a lawyer. You’re putting a powerhouse legal team on your side.

We’ve handled a number of sensitive federal investigations, often involving public figures, international business operations, and multimillion-dollar stakes. We understand the optics, the legal nuances, and the importance of staying ten steps ahead.

Talk to a Grand Jury Subpoena Defense Attorney in Los Angeles

If you or your company has received a federal grand jury subpoena, every moment counts. With the full force of a top-tier criminal defense firm behind you, you won’t just be reacting—you’ll be prepared.

Call Werksman Jackson & Quinn LLP at (213) 688-0460 to schedule a confidential consultation with our white-collar defense team to learn more about our law firm.