Criminal Defense Lawyers

What is an administrative subpoena?

WHAT IS AN ADMINISTRATIVE SUBPOENA?

If you’re reading this, it’s probably because you or someone close to you has received, or is worried about receiving, an administrative subpoena and wants to know what it means. Administrative subpoenas are very powerful tools used by government agencies to demand documents, records, or testimony, when they are investigating potential wrongdoing. Unlike grand jury subpoenas—typically issued by a grand jury—administrative subpoenas usually come directly from certain federal or state agencies authorized by law to investigate issues within their jurisdiction.

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Our attorneys at the Spodek Law Group handle these situations nationwide. We have over 50 years of combined experience dealing with complex investigations, both federal and state. Our criminal attorneys can help you understand your rights and obligations, regardless of the situation.

AGENCIES THAT USE ADMINISTRATIVE SUBPOENAS

Many government entities issue administrative subpoenas in their investigations. Here are some examples of administrative subpoenas:

• The Drug Enforcement Administration (DEA): See DEA Official Website for regulations on Title 21 U.S.C. § 876.
• The Federal Bureau of Investigation (FBI): Learn more about FBI investigative guidelines at FBI.gov.
• The Internal Revenue Service (IRS): See IRS.gov for details on tax-related inquiries and document production.
• The Department of Health and Human Services (HHS): Uses administrative subpoenas for healthcare fraud investigations, as seen on HHS.gov.

WHY ADMINISTRATIVE SUBPOENAS ARE ISSUED BY THE GOVERNMENT

Government agencies rely on these types of subpoenas when investigating potential crimes or civil violations ranging from healthcare fraud, drug offenses, and money laundering, to environmental violations and beyond. Regardless of the criminal allegations, an administrative subpoena is very serious. It means you’re under scrutiny—possibly as a witness, possibly as a target.

TOP REASONS YOU MIGHT RECEIVE A SUBPOENA

• Allegations of White Collar crimes like tax fraud or securities violations.
• Drug Crimes investigations, often concerning manufacturing or distribution.
• Health Care investigations, such as Medicaid/Medicare fraud.
• Financial misrepresentations, embezzlement, or money laundering.

HOW IT DIFFERS FROM A GRAND JURY SUBPOENA

In a grand jury subpoena context, a group of citizens is deciding whether there’s enough evidence to bring charges. With an administrative subpoena, an agency exercises its congressionally granted authority to gather evidence directly. There’s no requirement to present probable cause to a grand jury. Instead, agencies typically must show the information they seek is relevant to a lawful investigation. Courts generally give broad latitude to agencies—similar to grand juries—but there are still legal limits.

PENALTIES AND POTENTIAL PUNISHMENTS

Failing to comply with an administrative subpoena can lead to:

1. Contempt of court: If the agency seeks court enforcement and you still refuse to cooperate, you could be found in contempt. Penalties can include jail time or significant fines.
2. Obstruction of justice: Destroying or altering documents can lead to separate criminal charges with severe consequences.
3. Additional charges: If the underlying investigation uncovers wrongdoing, you could face federal or state criminal prosecution, prison time, or steep financial fines—especially in white collar, drug, or federal offenses.

STRATEGIES OF HOW WE’D DEFEND YOU

At Spodek Law Group, we understand the seriousness of an administrative subpoena. If you’re reading this, you need a plan. We can help you by:

1. Analyzing the subpoena’s scope: Agencies sometimes request overly broad records. Our attorneys can negotiate or file a motion to quash if the subpoena is unreasonable.
2. Protecting privileged information: Certain materials might be protected by attorney-client privilege, or other legally recognized privileges. We ensure these documents stay confidential.
3. Negotiating with investigators: We’re not afraid to speak directly with the government. Sometimes, an early dialogue can limit how much you must produce, or give you more time.
4. Ensuring compliance and preventing further penalties: Our attorneys guide you on what must be preserved, and how to provide documents carefully so you avoid charges of spoliation or obstruction.
5. Representing you if the case escalates: If the administrative investigation turns criminal, we can help you mount a rigorous defense. Our attorneys have experience with state and federal indictments across the nation.

EXPERIENCED. DEDICATED.

We are here 24/7 to provide a risk free consultation. If you’re facing an administrative subpoena—regardless of the stage of the investigation—our NYC criminal lawyers stand ready to protect you.

COMMON LEGAL REFERENCES AND CITATIONS

• 18 U.S.C. § 3486: This statute authorizes various federal agencies to issue administrative subpoenas in investigations related to child exploitation, drug offenses, and more.
• 21 U.S.C. § 876: Empowers the DEA to issue subpoenas for controlled substance investigations.
• Relevancy Standard: Courts typically require that the documents or testimony sought be “reasonably relevant” to the authorized investigation (see United States v. Morton Salt Co., 338 U.S. 632 (1950)).

WHAT TO EXPECT AFTER RECEIVING AN ADMINISTRATIVE SUBPOENA

Short Deadlines.
Agencies often set quick turnarounds for responding. You could have as little as 10 days.

Potential Negotiations.
With the help of an attorney, you may narrow the subpoena or get an extension.

Production of Documents or Testimony.
Depending on the subpoena, you might need to show up in person or submit paper/electronic documents.

REGARDLESS OF THE SITUATION, WE CAN HELP YOU

That’s not just a promise—it’s a core belief. Our law firm has a rock star team of attorneys with over 50 years of combined experience. From Los Angeles to NYC, from federal to state cases, we are a coast to coast criminal defense law firm that handles tough investigations. If you received an administrative subpoena, it doesn’t automatically mean you’ll be charged with a crime. But it does mean you have to take immediate steps to protect yourself.

TIPS FOR COMPLIANCE

• Stay Organized: Gather and label documents carefully. Don’t delete anything.
• Ask Questions: Contact legal counsel if something is unclear or overly broad.
• Be Proactive: Delaying or ignoring a subpoena can escalate the situation—fast.
• Preserve Privilege: Never produce privileged communications without legal review.

WHAT COULD HAPPEN IF YOU IGNORE IT?

Ignoring any subpoena, especially from agencies like the FBI or DEA, can trigger severe consequences. You might face fines, or worse—court-ordered sanctions. If the agency decides you’re obstructing an investigation, charges might follow. You don’t want that scenario.

CHOOSE YOUR LEGAL DEFENSE WISELY

We can help you navigate this stressful time. By working with Spodek Law Group, you’re getting a top rated legal team that’s been seen on major media outlets, featuring real cases we’ve handled. Our attorneys have consistently demonstrated that we know how to respond to government demands effectively.

UNDERLINE your right to an attorney. If you can’t underline it physically, at least do so mentally. You do not have to navigate this alone.

WHEN EVERYTHING IS ON THE LINE

We believe in honesty and service. We dedicate ourselves to a curated clientele who want the best. If we’re choosing to work with you, it’s because we know we can create a positive impact on your life. If you have an administrative subpoena in hand, or you suspect one is coming, don’t delay.

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