Reading what the subpoena signals
A grand jury subpoena can come from a federal grand jury or, in New York, from a county grand jury working with the district attorney. A subpoena for records differs from one for your testimony, and a subpoena addressed to a company differs from one addressed to you personally. Prosecutors often think of recipients as witnesses, subjects, or targets, and your lawyer can usually ask which you are, although that status can change. Receiving a subpoena does not mean you are accused of anything, and many recipients simply hold useful records. The return date is real, but extensions and production arrangements are frequently negotiated through counsel.
What not to do while you decide
Do not destroy, alter, or move records the subpoena covers, and pause routine deletion that might reach them, including on phones and messaging apps. Avoid contacting others involved to compare notes or suggest what they should say, because that can look like interference. A business generally has to produce its records even if individuals inside it have Fifth Amendment concerns, which is one reason employees and the company may need separate lawyers. If the subpoena or the agent asks you to keep it confidential, do so until your lawyer has reviewed what is actually required. Gather the subpoena and any earlier contact you had with agents.
Testimony, privilege, and New York's different rules
Whether to testify, assert a privilege, or seek an agreement first is the central early decision, and it depends on where you stand in the investigation. In a federal grand jury your lawyer cannot come into the room, although witnesses are usually allowed to step out to consult. New York's state system works differently: witnesses who testify there generally receive immunity by law unless they sign a waiver, and a witness who waives immunity can have counsel present. Those differences change the advice, so a subpoena from a district attorney and one from a U.S. Attorney's Office are not handled the same way. At the outset we read the subpoena, contact the prosecutor where appropriate, and decide what to produce and when.
