What to Do if You Receive a Federal Grand Jury Subpoena
Understanding Your Rights, the Law, and the Smartest Strategic Response
Receiving a federal subpoena—whether to testify before a grand jury or to produce documents—is an intimidating and potentially life-altering event. Grand jury subpoenas are powerful investigative tools used by federal prosecutors in criminal investigations, and how you respond can drastically affect your rights, your exposure, and even whether you become a subject—or remain merely a witness.
Below is a clear explanation of what federal subpoenas are, what the law requires, and the smart strategic steps you should take.
This post is for educational purposes only; anyone receiving a federal subpoena should consult experienced counsel immediately.
Understanding Federal Grand Jury Subpoenas
Federal grand jury subpoenas come in two forms:
1. Subpoena Ad Testificandum
This requires you to appear and testify before the grand jury. You will be sworn in under oath, and lying—even unintentionally—can result in federal felony charges (18 U.S.C. § 1001 for false statements or § 1623 for perjury).
2. Subpoena Duces Tecum
This requires you to produce documents, communications, records, or electronic data. These subpoenas can demand emails, messaging records, business files, financial information, digital files, or phone extractions.
The subpoena will typically identify whether you are considered a witness, a subject, or a target of the investigation—though sometimes this is ambiguous, or prosecutors decline to clarify unless counsel asks.
What the Law Says About Complying with Federal Subpoenas
The Grand Jury’s Authority
Federal grand juries have broad investigatory powers. Courts generally enforce subpoenas unless they are:
- overbroad,
- unduly burdensome,
- issued for improper purposes, or
- demand privileged or constitutionally protected materials.
Fifth Amendment Protections
You cannot be forced to provide testimony that could incriminate you. Common issues include:
- Whether producing documents itself is “testimonial” (the act-of-production doctrine).
- Whether digital device passcodes or decryption can be compelled—highly fact-specific and evolving.
- Whether the contents of personal devices are protected.
Your attorney can assert these rights without you appearing hostile or uncooperative.
Attorney–Client Privilege and Other Privileges
Certain materials are protected:
- Attorney–client communications
- Work-product materials
- Certain medical, spousal, or clergy communications
- Privileged internal corporate communications
If privilege applies, your lawyer can negotiate a protective protocol with prosecutors.
Possibility of Immunity
If the government insists on testimony that may incriminate you, your attorney may negotiate:
- Use immunity (18 U.S.C. §§ 6002–6003)
- Derivative use immunity
- Transactional immunity (rare)
Never testify without discussing immunity options.
Strategic Considerations in Responding to a Federal Subpoena
1. Speak to a Lawyer Immediately
Anything you say to federal agents or prosecutors without counsel can be used against you. Even witnesses can become targets through careless statements.
2. Do Not Destroy, Alter, or Delete Anything
Destroying or altering records—intentionally or accidentally—can trigger:
- Obstruction charges (18 U.S.C. § 1503)
- Destruction of evidence charges (18 U.S.C. § 1519)
Even routine deletion (e.g., auto-purging emails) can create legal trouble once a subpoena is served.
3. Determine Your Status in the Investigation
A skilled attorney can communicate with prosecutors to determine whether you are:
- A witness
- A subject (your conduct is within the scope of the investigation)
- A target (the government believes you likely committed a crime)
The strategy differs dramatically in each category.
4. Evaluate Which Documents Are Responsive—and What May Be Protected
Document responsiveness can be extremely broad or vague. Your attorney may:
- Negotiate scope
- Limit production burden
- Protect privileged materials
- Structure rolling productions
- Arrange for secure electronic transmission
Never hand over materials without legal review.
5. Consider Risks of Testifying
Your lawyer may advise:
- Seeking immunity
- Making a voluntary proffer or declining one
- Moving to quash or modify the subpoena
- Preparing exhaustively for grand jury questioning if appearing
Grand jury testimony happens without your lawyer in the room, so preparation is critical.
6. Protect Yourself from Becoming an Accidental Target
Even innocent witnesses can make mistakes that expose them to:
- False-statement liability
- Obstruction
- Inadvertent self-incrimination
- Misinterpretation of documents or statements
A careful, proactive legal approach minimizes these risks.
Why Matthew Galluzzo Is an Excellent Attorney for Federal Subpoena Representation
Responding to a federal subpoena requires an attorney who understands federal criminal procedure, grand jury investigations, and strategic negotiation with prosecutors. Matthew Galluzzo brings exactly this skill set to clients in New York and Connecticut.
Deep Federal Experience
Matthew has successfully represented individuals and businesses in federal investigations in the Eastern District of New York, the Southern District of New York, the District of Connecticut, and other federal courts.
He knows:
- How prosecutors build federal cases
- How federal agents seize and analyze digital evidence
- How to litigate and negotiate subpoena scope
- How to protect clients from unnecessary exposure
- How to communicate with prosecutors and ideally end the inquiry quickly and favorably
Exceptional Strategic Judgment
Many cases involving subpoenas never lead to charges—because the lawyer intervened effectively. Matthew understands:
- When aggressive negotiation can narrow a subpoena
- When a motion to quash is viable
- When the safest path is immunity
- How to keep clients from becoming targets
Strong Advocacy in Sensitive and Complex Investigations
Subpoenas often arise in:
- Financial crimes
- Fraud or money-laundering investigations
- Public corruption inquiries
- Cybercrime and digital-evidence cases
- Corporate investigations
- Child-exploitation, narcotics, or organized-crime investigations
Matthew’s breadth of federal experience across all these areas is invaluable in all of these contexts.
Clear Communication and Protection of Your Rights
Clients often feel fear and uncertainty when receiving a subpoena. Matthew provides:
- Step-by-step guidance
- Thorough document review
- Careful preparation for testimony
- Direct communication with federal prosecutors
- Strong protection of constitutional and privilege rights
You should never face the federal government alone.
If You Receive a Federal Subpoena, Take Action Immediately
A federal grand jury subpoena is not something to ignore—and not something to handle without counsel. Time matters. Your strategy matters. And the wrong move can have lasting consequences.
If you or your business has received a federal subpoena in New York or Connecticut, contact Matthew Galluzzo immediately to protect your rights and navigate the process safely and strategically