Witness, subject, or target
Federal prosecutors commonly place people connected to an investigation into categories: witnesses who have relevant information, subjects whose conduct is within the scope of the investigation, and targets, whom the prosecutor has substantial evidence linking to a crime and views as likely defendants. Those labels are not formal findings and can shift as evidence develops, but knowing yours changes the advice. A lawyer can usually ask the assigned prosecutor directly, and the answer often comes with useful information about the investigation's focus. A target letter is a strong signal that charges are being considered. A subpoena for business records addressed to a company is typically treated differently from one that calls a person to testify.
Records, privilege, and the Fifth Amendment
If the subpoena seeks documents, the scope can often be negotiated: narrowing categories, setting a rolling production schedule, or agreeing on electronic search terms. Companies and other organizations do not have a Fifth Amendment privilege, so a business generally has to produce its records through a custodian even when individuals inside it have personal concerns. An individual's own papers can raise a narrower question about whether the act of producing them is itself testimonial. Privileged communications with lawyers should be identified and withheld properly, not simply left out. While the subpoena is pending, preserve everything it might reach and stop automatic deletion; destroying records at this stage can lead to an obstruction charge.
If you are asked to testify
Your lawyer cannot accompany you inside a federal grand jury room, although you can generally leave to consult with counsel during questioning. There is no automatic immunity for federal witnesses, unlike New York's state grand jury system, so the decision whether to testify, invoke the Fifth Amendment, or seek immunity or another agreement first has to be made deliberately. Testimony is under oath, and false answers can be charged as perjury or false declarations. Witnesses are not barred by the general secrecy rules that bind prosecutors and grand jurors, but some recipients are under separate confidentiality restrictions, and talking about the subpoena with others involved is rarely wise. Our first task is reading the subpoena closely, then contacting the prosecutor to clarify your status and the scope of what is wanted.
