Federal Grand Jury Subpoenas
Over time, U.S. Attorney’s offices have become more aggressive in their use of the grand jury to scare and harass normal citizens. There are three levels of federal scrutiny that apply to grand jury subpoenas. The first is if an individual is someone whose information is requested. That is rather benign. The second is if the individual receiving the subpoena is a “subject” which means the Government thinks that perhaps the individual might know something about a crime and could be part of the crime. The third level is if the Government feels the individual is a target which means the Government has actionable information that the “target” committed a federal crime.
Timing is Critical for Quashing Subpoenas
Knowing when and how to quash a subpoena to testify before the grand jury is critical. The theory of quashing a grand jury subpoena is the same as in other cases, which I first learned in 2002 when a “bigshot” Philadelphia lawyer tried to intimidate me and my client, Rex Luzader who had been called as a Government witness. I filed two Motions to Quash which Judge Herndon granted in part. Over time I have represented numerous individuals who have received grand jury subpoenas and I have been able to successfully guide them through the turbulent waters that exist when anyone is subpoenaed by the Government to testify before the grand jury. Because of the secrecy of the grand jury, I have had to severely modify one of the motions I have filed to quash a grand jury subpoena.
