Government investigations take a variety of shapes and forms, but nearly all will include requests for the production of documents. Here are six critical issues that may result in significant problems for a bank or financial institution if overlooked before materials are produced—and some related issues to consider after production is done.
1. Time Limitations on Challenging the Scope of a Government Subpoena
Subpoenas for documents in government investigations are often quite broad. Some agencies are not very flexible in reducing or narrowing the scope. It is important to recognize that the statutes that authorize government agencies to issue subpoenas often provide a narrow time period for the recipient to challenge the scope of the subpoena in court. For example, the statute applicable to many subpoenas issued by the U.S. Department of Justice (18 U.S.C. § 1968(h)), provides a party with just 20 days after service, or the deadline of the subpoena production, whichever is shorter.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
