What to Do if You’ve Been Subpoenaed for a Blockchain Project: A Guide to Grand Jury Subpoenas

In the fast-evolving world of blockchain, legal scrutiny is intensifying. One of the most stressful legal challenges a project founder or participant might face is receiving a grand jury subpoena. Whether you’re a developer, investor, or key stakeholder in a blockchain project, understanding how to respond to a subpoena is crucial. A subpoena — either for testimony or the production of documents — means you’re involved in a federal investigation and must act accordingly.

1. Understand What a Grand Jury Subpoena Means

A grand jury subpoena is an official order to provide either testimony or documents as part of a federal criminal investigation. There are two types:

• Subpoena ad testificandum requires you to testify.
• Subpoena duces tecum requires you to produce documents or records.

Receiving a subpoena often indicates that the government believes you have information that could be key to the investigation. It’s important to know whether you are a witness, subject, or target, as each category carries different risks. A witness provides information but isn’t necessarily involved in the crime. A subject may be connected to the crime but is not yet charged, and a target is someone likely to face charges​

2. Contact an Attorney Immediately

The first thing you should do is consult with an experienced attorney, preferably one specializing in federal grand jury cases. Your attorney can help you understand the scope of the subpoena, your legal obligations, and any potential risks you face. This is essential, as grand jury investigations can be unpredictable and may lead to serious consequences like contempt of court, fines, or even imprisonment​

3. Review the Subpoena and Preserve Documents

Once you’ve secured legal representation, carefully review the subpoena with your attorney. It will outline what documents or testimony are required, as well as the deadline for compliance. Start gathering the necessary documents immediately, and ensure that no documents are destroyed, altered, or hidden, as this could lead to obstruction of justice charges​

Your attorney will also help you determine if the subpoena is overly broad or oppressive, and if necessary, file a motion to quash or negotiate with prosecutors to narrow the scope​

4. Know Your Rights

Even when subpoenaed, you retain several important rights:

• Fifth Amendment Right: You cannot be compelled to incriminate yourself. If testifying might lead to self-incrimination, you can invoke this right, but you must still attend the proceedings​
• Attorney-Client Privilege: Communications between you and your attorney are protected. This privilege extends to documents prepared by your attorney in response to the subpoena​

5. Comply with the Subpoena

Failure to comply with a grand jury subpoena can result in serious penalties, including contempt of court, fines, or even jail time. Ensure that you follow the instructions outlined in the subpoena carefully, whether it requires testimony or the submission of documents​

6. Consider Potential Immunity

In some cases, individuals who testify may be granted immunity. Your attorney may negotiate for immunity to protect you from prosecution based on your testimony. This is especially useful if you are concerned about potential criminal charges​

7. Prepare for Testimony

If you’re required to testify, preparation is key. Work with your attorney to review potential questions and practice your responses. Grand jury proceedings can be high-pressure, and inconsistent or incorrect statements may harm your position​

Facing a grand jury subpoena related to a blockchain project can be daunting, but understanding the process and knowing your rights can help you navigate the situation more effectively. Working closely with an experienced attorney is essential to protect yourself legally while complying with federal demands.

By following these steps, you can respond appropriately and avoid costly legal missteps that may impact your role in the blockchain industry. Remember, how you handle a subpoena can have lasting implications for both your legal standing and the future of your project.

If you’ve ever been subpoenaed by a regulatory agency, no matter the country, reach out to us at Blockchain Legal Defense Fund for guidance. Our experienced team can help you navigate the legal complexities of grand jury subpoenas and ensure your rights are protected. Share this article with a friend or anyone in the blockchain space who might benefit from this information.