How to Respond to a Subpoena Duces Tecum from Federal Law Enforcement
In today’s environment, you can be a federal government contractor working on a federal contract or a healthcare provider managing a busy practice, when you receive subpoena duces tecum from the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), or Office of Inspector General (OIG) lands on your desk.
This will definitely cause anxiety or fear. Questions flood your mind: Why me? What are they investigating me or my. company? How do I respond without jeopardizing my business or my freedom? Am I facing jail time? What are my options?
For many professionals in government contracting and healthcare, this can be a life-altering moment. The pressure to comply with federal agencies is immense, and the consequences of making a mistake can be severe—fines, contract suspension, or even criminal charges. You’re likely overwhelmed and in need of an experienced subpoena duces tecum lawyer who can navigate these dangerous waters and who can build a team to aggressively represent your interests.
Our law firm at Watson & Associates, LLC focuses on defending federal government contractors and healthcare companies nationwide that are under federal investigation by the DOJ, FBI, and OIG. As federal defense lawyers, we understand the stakes involved and are here to offer aggressive legal defense and guidance. If you’re under federal investigation for procurement fraud or healthcare fraud, our law firm can help you through these complex federal investigations while protecting your legal rights.
What Is a Subpoena Duces Tecum?
A subpoena duces tecum is a legal order requiring the production of specific documents, records, or information for an investigation. Unlike other subpoenas, which may request testimony, a subpoena duces tecum specifically demands documentation, such as emails, financial records, contracts, or billing information. For government contractors, this often relates to allegations of procurement fraud, while healthcare providers may be asked to produce records for investigations into Medicare fraud, Medicaid fraud, or violations of the False Claims Act.
When you receive a subpoena duces tecum from a federal law enforcement agency like the DOJ, FBI, or OIG, you’re not simply being asked for routine information—your business is being investigated for potential criminal fraud or serious regulatory violations. This is when hiring an experienced federal criminal defense lawyer becomes crucial.
Why Are You Being Investigated?
Receiving a subpoena duces tecum from the federal government can be scary, especially if you’re unaware of any wrongdoing. However, federal agencies often cast a wide net during healthcare or government contracts investigations and even minor discrepancies in contracts or billing can attract their attention. This is not a time to gamble on your own.
For Government Contractors
Federal government contractors are frequently scrutinized for compliance with complex procurement regulations. A subpoena duces tecum might suggest that you are being investigated for:
- Procurement fraud (e.g., inflating costs, falsifying bids)
- Misrepresenting qualifications to win contracts
- Violations of federal acquisition regulations
If you have federal government contracts, it’s essential to seek legal counsel from a government contractor defense lawyer immediately. An experienced government contract fraud defense lawyer can help you determine the focus of the investigation and assist in crafting a strategic response.
For Healthcare Providers:
Healthcare providers, including doctors, hospitals, and medical companies, face equally strict scrutiny under federal law. You may receive a subpoena duces tecum related to allegations of:
- Healthcare fraud (e.g., submitting false claims to Medicare or Medicaid)
- Billing fraud (overcharging for services)
- Violations of the Anti-Kickback Statute or Stark Law
The stakes are high. Beyond civil penalties, healthcare fraud investigations can result in criminal charges, exclusion from federal healthcare programs, and loss of professional licenses. Our team has extensive experience defending healthcare professionals and organizations in complex federal investigations.
Key Concerns After Receiving a Subpoena Duces Tecum
After receiving a subpoena duces tecum from DOJ, OIG, FBI or DHHS, you’re likely struggling with several concerns:
How Do I Respond to a Subpoena Duces Tecum?
The subpoena will specify the documents or information the federal agency is requesting. However, it’s not always clear what falls within the scope of the request. An experienced subpoena duces tecum lawyer can help you interpret the subpoena, ensuring that you comply without disclosing unnecessary or damaging information.
Am I Under Criminal Investigation?
The issuance of a subpoena duces tecum doesn’t always mean criminal charges are imminent. However, it does signal that the government is investigating your business practices closely. Whether you’re a government contractor or a healthcare provider, it’s important to consult with a federal criminal defense lawyer to evaluate your situation and develop a legal strategy.
Will This Investigation Harm My Business?
Federal investigations, especially those involving procurement fraud or healthcare fraud, can severely impact your business. If you’re a government contractor, your ability to secure future contracts may be at risk. For healthcare providers, being under investigation can damage your reputation and relationships with patients or other providers. Legal counsel can help mitigate these risks while protecting your interests.
How Our Law Firm Defends Government Contractors and Healthcare Providers
Our firm specializes in defending federal government contractors and healthcare companies facing federal investigations. These industries operate under strict regulations, and when compliance is in question, investigations can quickly escalate.
For Government Contractors
We provide experienced representation in procurement fraud defense, helping government contractors navigate complex federal investigations. Whether you’re dealing with allegations of false billing, misrepresentation, or bid rigging, our government contract fraud defense lawyers have the expertise to develop a tailored defense. We’ll work with you to carefully review the subpoena’s demands and ensure that you only provide what’s required while protecting your company from over-disclosure.
For Nationwide Healthcare Providers
Our defense attorneys can help you with healthcare fraud defense cases, representing doctors, hospitals, and medical companies in investigations involving Medicare fraud, Medicaid fraud, and violations of the False Claims Act. We help you assess the scope of the subpoena and craft a defense strategy that minimizes the disruption to your operations. Whether you’re dealing with allegations under the Stark Law or Anti-Kickback Statute, our goal is to protect your practice and your reputation.
Common Mistakes to Avoid
It’s easy to make common critical errors when responding to a federal subpoena duces tecum. Here are some common pitfalls and how subpoena response lawyers help clients avoid them:
Delaying Your Response
Federal subpoenas typically come with a tight deadline. Missing the deadline or delaying your response can result in contempt of court charges. We ensure that our clients respond promptly and correctly, avoiding unnecessary legal complications.
Over-Disclosure
While it’s essential to comply with a federal subpoena duces tecum, providing too much information or disorganized documentation can lead to additional scrutiny. Our subpoena response attorneys carefully review your response to ensure that only relevant documents are disclosed, preventing inadvertent harm to your case.
Altering or Destroying Documents
Altering or destroying any documents requested in a subpoena is a serious offense that can lead to a potential obstruction of justice charge. Our subpoena response lawyers guide you on how to preserve documents correctly and respond in a way that protects their legal standing.
Why You Need an Experienced Federal Subpoena Duces Tecum Lawyer
Navigating a federal investigation process can be a very complex and delicate process. Having a skilled subpoena duces tecum response lawyer on your side ensures that you are taking proper steps to protect your business. Our law firm can defend government contractors and healthcare providers under federal investigations from agencies like the DOJ, FBI, and OIG.
Whether you’re dealing with potential procurement fraud or healthcare fraud, we stand by your side, working to minimize the legal and operational impact of the investigation. With our experience in federal criminal defense, we’ll ensure your rights are protected throughout the investigation process.
Protect Your Business and Reputation Today
If you’ve received a subpoena duces tecum from the FBI, DOJ, or OIG, don’t wait to seek legal counsel. The outcome of your case depends heavily on how you respond. Our attorneys specialize in representing federal government contractors and healthcare providers under federal investigation. We provide the expertise necessary to guide you through these challenging circumstances and defend your business from potential penalties or criminal charges.
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Contact us today for a consultation and to learn how we can protect your business. Call 1.866.601.5518. Speak to Theodore Watson.