Grand Jury Investigation Defense

Prosecutors use the grand jury process to gather evidence and present their case for criminal charges to be filed against a defendant. Whether you or your company is the subject of the investigation or has received a subpoena to provide evidence, you need experienced counsel to navigate the unique rules of this investigative process and position you for success in avoiding or defending criminal charges. Vinson & Elkins has successfully defended numerous companies and individuals in grand jury investigations across the country.

 

What is the Grand Jury Process?

All federal felony indictments, and many state felonies, first pass through the grand jury process. Investigations run the gamut of suspected violations of law concerning antitrust, securities, government contracts, banking, tax, healthcare, environment, corruption, and countless others. Prosecutors leverage broad grand jury subpoena powers to compel production of relevant documents and testimony, both from targets of the investigation and other individuals and entities that are suspected to possess relevant evidence. That evidence is then presented to a “grand jury”—a panel of individuals selected at random from the local district—which votes on whether to return an indictment.

All Parties are at Risk

Receiving a grand jury investigation notice or subpoena can have significant ramifications. Obviously, targets of the investigation are at risk of being indicted. Experienced counsel is needed to protect their rights, advocate and negotiate on their behalf with prosecutors, and position them to avoid, resolve, or defend any criminal charges. But prosecutors are not necessarily required to reveal your status, and the line between an investigation “target” and “witness” can be blurred. How you respond to a subpoena may make the difference in how you are treated.

Our Services

The Grand Jury process is a major disruption, no matter your role. The only way to minimize that disruption and get you back to business is to have counsel that is practiced in the relevant substantive law, and the unique procedural rules that accompany grand jury proceedings. Those rules are critical, and include nuance in the subpoena service and response, confidentiality protections, constitutional rights to refuse testimony, and the availability and limits of potential immunity.

Vinson & Elkins attorneys have the experience to advise on these difficult issues, consider both the legal and business implications, and navigate the relationship with prosecutors to best position you and your company. Our team consists of several former high-profile government officials, including those holding the title of U.S. Attorney, Deputy Criminal Chief, Assistant Attorney General, and countless members of the Department of Justice. Our services include: helping clients develop a strategy for internally investigating and presenting materials and witnesses to the government; safeguarding clients’ confidential and privileged materials; defending against overreaches by investigating prosecutors; navigating relationships with other potential participants in the investigation; designing a legal defense; and interacting with prosecutors to negotiate the terms of subpoena responses, negotiate potential immunity, and present arguments for speedy resolution.

Our Grand Jury Investigation Defense team includes:

• Zach Terwilliger: the former U.S. Attorney of the Eastern District of Virginia, where he prosecuted federal crimes, as well as the litigation of civil matters, and led a staff of more than 300 criminal prosecutors, civil litigators and support personnel across four offices;
• Mike Dry: the former Deputy Criminal Chief for the Eastern District of Virginia, with more than a decade of experience as a federal prosecutor, who has defended investigations of individuals and companies against a broad scope of legal allegations such as bribery, securities fraud and insider trading;
• Fry Wernick: a former federal prosecutor and Assistant Chief of the U.S. Department of Justice’s Criminal Fraud Section, Fry has a broad range of white collar enforcement and trial experience and regularly conducts internal investigations and defends companies and individuals against government investigations;
• Ron Tenpas: a former Assistant Attorney General for the Environment and Natural Resources Division of the U.S. Department of Justice, Associate Deputy Attorney General, U.S. Attorney in the Southern District of Illinois, and Assistant U.S. Attorney in the District of Maryland and the Middle District of Florida, Ron draws upon his years of government experience in representing clients in civil and criminal investigations related to alleged environmental violations, imports and other matters; and
• Craig Seebald: with 30 years of experience in the area, he has defended numerous companies in Grand Jury investigations.