§3486 Administrative subpoenas

Summary

Federal officials can issue subpoenas (written orders to give records or testimony) in certain criminal investigations. The Attorney General can do this for federal health care crimes and for crimes that sexually exploit or abuse children (offenses listed at 18 U.S.C. 1201, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, and 2423). The Director of the U.S. Marshals Service can issue them in investigations of unregistered sex offenders. The Secretary of the Treasury can act for threats under 18 U.S.C. 871 or 879, or threats to people protected by the Secret Service, if the Secret Service Director says the threat is imminent. A subpoena can ask for records or other items that matter to the investigation and for the custodian to testify about those items. For electronic communication or remote computing providers in child-exploitation cases, the subpoena can only ask for the kinds of information listed in 18 U.S.C. 2703(c)(2) and for testimony about producing and authenticating those records. A subpoena must say what is wanted and set a reasonable date to produce it. Records about a health care crime must be produced no more than 500 miles from where the subpoena is served; other items can be sought from anywhere in the United States or under U.S. law. Witnesses get the same pay and travel mileage as federal court witnesses. Before the due date, the person served can ask a federal district court to change or cancel the subpoena. A U.S. district court may, on the government's request, order that the person served must not tell anyone about the subpoena for up to 90 days, and that order can be renewed if needed. The court will issue that secrecy order only if the items sought may help the investigation and telling others could cause harm, flight, evidence destruction, or witness intimidation. If someone refuses to obey, the Attorney General can ask a federal court to force compliance and punish contempt. Anyone who in good faith follows the subpoena is protected from lawsuits by customers or others. Health records given under a subpoena generally cannot be used against the patient except when the case is about health care, payment for health care, or health-care fraud, or if a court orders it for good cause and adds safeguards. Subpoenas may be served by an adult named in the document, and an affidavit of service is proof. Certain subpoenas may require production as soon as possible but not less than 24 hours after service, and the Secretary of the Treasury must tell the Attorney General quickly when a subpoena of the type above is issued. If no case comes from produced records within a reasonable time, the agency must return them on written request, unless only copies were required.