Government Subpoenas

Understanding Government Subpoenas

Subpoenas are powerful legal tools used by government agencies to obtain documents, records, and testimony during investigations. When you or your business receives a subpoena from a government agency, the stakes are high, and how you respond can significantly impact the outcome of the investigation. Subpoenas issued by government agencies can be intimidating, but understanding your rights and having experienced legal counsel on your side can make all the difference.

Government subpoenas can take several forms, including:

Subpoena Duces Tecum: A subpoena requiring you to produce documents, records, emails, financial statements, communications, or other specified materials.
Subpoena Ad Testificandum: A subpoena requiring you to provide testimony, either in person or through a deposition.
Civil Investigative Demand (CID): A type of subpoena issued by government agencies, such as the Department of Justice (DOJ), as part of a civil investigation, often under the False Claims Act (FCA).
Grand Jury Subpoena: A subpoena issued by a grand jury as part of a criminal investigation, often used to compel the production of evidence or testimony.
Administrative Subpoena: A subpoena issued by regulatory agencies, such as the Securities and Exchange Commission (SEC), Environmental Protection Agency (EPA), Department of Health and Human Services (HHS), or Federal Trade Commission (FTC), as part of regulatory enforcement actions.

Subpoenas from government agencies are often used in a wide range of investigations, including:

White Collar Crimes: Fraud, embezzlement, insider trading, money laundering, bribery, and tax evasion.
Healthcare Fraud: Medicare and Medicaid fraud, false claims, and kickback violations.
Environmental Violations: Illegal waste disposal, emissions violations, and hazardous material violations.
False Claims Act (FCA) Investigations: Allegations of fraud involving government funds or contracts.
Regulatory Compliance: Violations of SEC, EPA, HHS, or other federal regulations.
Antitrust and Competition Investigations: Allegations of price-fixing, bid-rigging, or anti-competitive conduct.

Failure to respond properly to a government subpoena can lead to serious consequences, including contempt of court, fines, and adverse inferences in a subsequent investigation or litigation. In some cases, subpoenas may be used to build a criminal case against you, making it essential to respond strategically.

Our Approach to Government Subpoenas Defense: Strategic, Proactive, and Protective

Immediate Risk Assessment: We begin by conducting a detailed assessment of the subpoena, identifying the agency issuing it, the nature of the investigation, and your status (target, subject, or witness). This allows us to tailor our strategy to your specific risks.
Careful Document Review and Privilege Protection: If you are required to produce documents, we conduct a thorough review of the requested materials, ensuring that privileged information (such as attorney-client communications) is protected. We also negotiate with government agencies to limit the scope of the subpoena where appropriate.
Strategic Communication with Government Agencies: We engage directly with the government agency on your behalf, seeking clarity on the scope of the subpoena, negotiating deadlines, and advocating for your rights.
Witness Preparation: If you are required to provide testimony, we ensure that you are fully prepared, understand your rights, and are aware of the potential risks of self-incrimination.
Challenging Overbroad or Unreasonable Subpoenas: Where appropriate, we challenge subpoenas that are overly broad, vague, or unreasonable, filing motions to quash or modify the subpoena as needed.
Discreet, Reputation Protection: We recognize that government investigations can damage your reputation, especially for professionals and businesses. Whenever possible, we work to resolve these matters discreetly.
Defense Against Related Charges: Government subpoenas are often the first step in a broader investigation. If the investigation leads to criminal charges, we are prepared to provide a strong, strategic defense.

Whether you are a business owner, executive, professional, employee, or individual served with a government subpoena, we are here to protect your rights and secure the best possible outcome.

Why Choose Us for Government Subpoenas Defense?

Elite BigLaw Background: Our firm’s experience includes nearly a decade of handling complex, high-stakes government investigations at a top-tier BigLaw firm, including responding to subpoenas from the DOJ, SEC, HHS, EPA, and other federal agencies.
Strategic, Evidence-Driven Defense: We do not take a one-size-fits-all approach. Instead, we tailor our response strategy to the specifics of your subpoena, protecting your rights while ensuring compliance.
Privilege Protection and Document Management: We conduct a careful review of all requested documents, ensuring that privileged information is protected and that your response is complete but not overly broad.
Strong Negotiation and Litigation Skills: We engage directly with government agencies to negotiate the scope of subpoenas, protect your rights, and minimize your exposure.
Comprehensive Witness Preparation: If you are required to provide testimony, we ensure that you are fully prepared, understand your rights, and avoid the risks of self-incrimination.
Discreet, Reputation Protection: We recognize that government subpoenas can damage your reputation, especially for professionals and businesses. Our practice is built on maintaining client privacy and resolving cases with minimal exposure.
Selective, Client-Focused Representation: Our practice is intentionally selective. We take on fewer cases to ensure that each client receives focused, high-caliber representation.

A Einhorn Law is here to defend your rights, protect your reputation, and secure your future — with the experience, strategy, and dedication that complex government subpoena matters demand.