A federal subpoena requires your business to provide specific documents, information or other evidence to the government. Even if you are not accused of a crime, you should take the request seriously and handle it carefully. Here’s what you should do.
Review exactly what the subpoena requests
Start by reading the subpoena so you understand what the government wants, which records it covers and when you must respond. Check the specific documents or information requested, the time period involved and the response deadline
Preserve the requested records
Preserve potentially relevant records as soon as you receive the subpoena, including information your business normally deletes or overwrites. This may include emails, messages, financial records, accounting files and electronic data. Make sure routine deletion practices do not remove records that could fall within the request, and tell employees who handle those records to preserve them as well.
Address problems with the request
Raise questions about an unclear or overly broad subpoena before you respond. Some requested materials may involve attorney-client privilege, trade secrets or other protected information, while the request itself may place an unreasonable burden on your business. If you cannot comply with part of the request, address the issue before the deadline rather than deciding on your own which records to withhold.
Get legal advice before responding
Have an attorney review the subpoena before your business responds, especially if it relates to suspected criminal activity. An attorney can help you understand the request, address potential legal issues and determine how to respond. The goal is to meet the government’s request without creating unnecessary problems for your business.