If you receive a subpoena in a federal fraud investigation, do not ignore it, and do not respond to it on your own. Contact a federal criminal defense attorney before you turn over documents, answer questions, or speak with agents. Eppes & Plumblee, P.A., represents individuals and businesses in Gaffney and throughout the Upstate who receive subpoenas in federal fraud investigations.
Types of Federal Subpoenas
A federal subpoena is a legal order requiring you to provide documents, testify, or both. The most common types include:
- Grand jury subpoenas issued by federal prosecutors
- Subpoenas from federal agencies, such as the Department of Health and Human Services Office of Inspector General
- Subpoenas for business records, such as bank records, emails, or billing data
Each type has its own rules and deadlines. In some cases, the subpoena goes to your employer or bank instead of you, and you may not learn about the investigation until later. Federal cases involving residents of Cherokee County are generally handled by the U.S. Attorney’s Office for the District of South Carolina.
Are You a Witness, Subject, or Target?
Federal prosecutors often classify people in an investigation into three categories:
- A witness has information about the conduct being investigated
- A subject is someone whose conduct is within the scope of the investigation
- A target is someone prosecutors believe is likely to be charged
A subpoena does not necessarily mean you are a target. However, your status can change as the investigation moves forward. An attorney may be able to contact the prosecutor to find out where you stand and to manage communications with the government on your behalf.
What to Do After Receiving a Subpoena
These steps can help protect your rights:
- Read the subpoena carefully and note the deadline
- Contact a federal criminal defense attorney right away
- Preserve all documents and electronic records related to the subpoena
- Do not discuss the investigation with coworkers or others involved
- Do not speak with federal agents without your attorney present
Your attorney can review the subpoena, communicate with the government, and, in some cases, negotiate the scope of the request or the deadline.
Never Destroy or Alter Records
Destroying, deleting, or altering documents after you learn about an investigation can lead to separate federal charges. Federal obstruction laws carry serious penalties, sometimes more serious than the underlying fraud allegation. If your business has automatic deletion settings for emails or files, an attorney can help you suspend them.
Your Rights When Responding
Individuals generally have a Fifth Amendment right not to incriminate themselves, which may apply to testimony in some situations. Businesses, however, generally cannot refuse to produce company records by asserting the Fifth Amendment. Whether you should testify, produce documents, or seek other protection depends on the facts of your case.
Talk to a Gaffney Federal Fraud Defense Lawyer
A federal subpoena is often the first sign of a larger investigation. Getting legal advice early can help you avoid mistakes that are difficult to undo. Call 864-235-2600 or contact us online to schedule a confidential consultation.