A Practical Guide from Former Orange County District Attorneys
Receiving a subpoena for business records is more than just an administrative inconvenience—it could be the first sign that you or your company is under federal or state investigation. Whether it’s from a grand jury, the FBI, the IRS, or a regulatory agency, how you respond can have a direct impact on whether or not you face criminal charges.
At Simmons & Wagner, our team of former Orange County District Attorneys has handled thousands of subpoenas—both issuing them and defending against them. We know how prosecutors use subpoenas to build business fraud cases—and how individuals and organizations often make mistakes that cost them dearly.
If you’ve received a subpoena, don’t panic—but don’t go it alone either. Here’s what you should and shouldn’t do.
What You Should Do If You’re Subpoenaed for Business Records
1. Call an Experienced Business Fraud Attorney Immediately
Do not attempt to handle the subpoena without legal counsel. Even if you believe you have nothing to hide, how you comply—or fail to comply—can shape your legal exposure.
At Simmons & Wagner, we assess the scope of the subpoena, determine whether it targets you directly or indirectly, and work to protect your rights during the process. In some cases, we can negotiate the terms, narrow the scope, or even challenge the subpoena altogether.
2. Preserve All Relevant Records Immediately
Once you’ve received a subpoena, you’re under a legal obligation to preserve relevant materials. Destroying, deleting, or altering any documents—even by accident—can lead to obstruction charges.
This includes:
- Emails and attachments
- Financial ledgers and tax documents
- Contracts, invoices, and receipts
- Internal memos and meeting notes
- Texts and digital communications on work or personal devices
Ask your attorney about implementing a formal litigation hold to ensure nothing is lost.
3. Document Your Compliance Process
Keep records of what was gathered, who handled it, and how it was transferred. This protects you from future accusations of tampering or selective disclosure.
We guide our clients in creating a clear audit trail that demonstrates good faith compliance.
4. Understand the Type of Subpoena You Received
There are different types of subpoenas with different legal requirements:
- Subpoena Duces Tecum – Requests documents
- Subpoena Ad Testificandum – Requests your testimony
- Grand Jury Subpoena – Part of a criminal investigation
Knowing the difference matters. A grand jury subpoena for business records could mean you’re being treated as a subject, witness, or target—each requiring a different defense strategy. We’ll help you figure out exactly where you stand.
What You Shouldn’t Do If You’re Subpoenaed for Business Records
1. Don’t Delay
Deadlines on subpoenas are real—and missing them can result in contempt charges or civil penalties. If you’re confused about the timeline or need more time to comply, your attorney can request an extension or negotiate reasonable deadlines with the issuing agency.
2. Don’t Contact Others Involved Without Counsel
Avoid discussing the subpoena with coworkers, clients, partners, or anyone else who might be involved. These conversations can be misinterpreted—or worse, turned into evidence of conspiracy or collusion.
Let your legal team handle communication and protect your interests from day one.
3. Don’t Assume You’re “Just a Witness”
Even if the subpoena doesn’t accuse you of wrongdoing, it may mean your name has come up in an active investigation. We’ve seen many clients shift from “witness” to “target” simply because of how they responded—or failed to respond—to a subpoena.
Early legal action can help you stay out of the crosshairs.
Protect Yourself Now, Not After It’s Too Late
Being subpoenaed for business records is a serious legal moment. It may be the government’s first move—or just the latest in a quiet investigation already underway. Either way, what you do next matters.
At Simmons & Wagner, we bring our experience as former Orange County District Attorneys to every case, helping clients navigate subpoenas, investigations, and high-stakes business fraud cases with precision and strategy.
If you’ve been served, don’t wait. Contact Simmons & Wagner today for a confidential consultation. We’ll review your subpoena, assess your legal position, and begin protecting your rights immediately.