Identifying what kind of demand it is
A grand jury subpoena signals a criminal investigation. An inspector general subpoena can support administrative, civil, or criminal action. A civil investigative demand is often issued under the False Claims Act, which may mean a whistleblower has filed a sealed complaint. Each comes with different rules about scope, confidentiality, and who may see what you produce. Knowing which you have received, and who issued it, shapes the whole response. Agency subpoenas can sometimes be narrowed or challenged as overbroad, though courts generally enforce them when they fall within the agency's authority.
Preserving and producing records
Issue a litigation hold quickly, covering email, chat, project files, timekeeping, billing systems, and personal devices used for work. Negotiate the scope and timing of production with the government rather than guessing, since return dates in subpoenas can often be adjusted by agreement. Privileged documents should be logged, not simply withheld without explanation. Agents may contact employees directly; employees can choose to speak with them and can ask to have counsel present, and the company should not discourage cooperation. Government contracts often include a duty to disclose credible evidence of certain violations, which may apply regardless of the subpoena.
Managing parallel risks
A subpoena can lead to a criminal case, a civil False Claims Act action, or suspension and debarment proceedings, and these can move on separate tracks. Suspension and debarment officials focus on whether the contractor is presently responsible, so remedial steps, compliance improvements, and personnel changes may matter. We help contractors decide whether an internal review is needed, how to communicate with the contracting officer, and whether insurance may cover defense costs. Individuals within the company may need separate counsel. Contractor defense against government subpoenas is about protecting the company's position in each forum at once.
