There has been a recent uptick in activity by local law enforcement. We anticipate this will accelerate in light of expected COVID-19-related fraud and other investigations. Therefore, it is critical for counsel to know how best to respond to subpoenas and other information requests from local and state entities. Based on our time at the New York State attorney general’s office as well as our years running New York City’s Investigation Department, we have a number of observations about how this will play out and how best to respond.
To begin, there are multiple ways that a state attorney general, U.S. Attorney’s Office or other local enforcement agency can request information: a simple letter request, a civil subpoena or a grand jury subpoena. The method chosen is a first clue as to the investigation’s status and the severity of any potential charges. A letter request generally means the investigation is at a very early stage and the recipient of the letter is not likely yet a target.
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