NCJ Number
114532
Editor(s)
R V Hartwell,
C J Mugel
Date Published
1988
Length
102 pages
Annotation
This handbook provides a guide to the complexities of antitrust grand jury investigations.
Abstract
The genesis of investigation is traced from the filing of complaints through civil investigation, demands, and division monitoring to private litigation. The overall goals of the subpoena duces tecum are discussed. Also covered are client conferences, communications with the Government counsel, the document production process, final review and document categorization, the mechanics of return, and protection of documents. Fourth, fifth, and first amendment grounds for quashing the subpoena duces tecum are reviewed, together with technical defenses, evidentiary privileges, and tactical considerations. Other means of discovery are discussed, including electronic surveillance, search warrants, offers of leniency or immunity, and forthwith subpoenas. The purpose and scope of the secrecy rule covering grand jury investigations are delineated, exceptions to the rule are noted, and sanctions for violations are described. Privilege against self-incrimination is examined with respect to the production of documents in the respondent's possession and production of required and corporate records. Criminal and noncriminal uses of immunity also are noted. Guidelines are provided for advising witnesses and for debriefing. Also discussed are perjury and other obstruction offenses, conflicts of interest from multiple representation, cooperation among defense counsel, and preindictment, indictment, and pretrial events. Technical requirements of the grand jury process and abuses also are covered. Model forms are appended. Index, table of authorities, and footnotes.