Authority to issue subpoenas in matters involving the financial exploitation of vulnerable adults and the elderly

D.C. Code § 1-301.88e, under Attorney General for the District of Columbia..

D.C. Code § 1-301.88e

(a) Notwithstanding § 1-301.88c(a), and subject to the requirements of this section, for the purposes of seeking relief under §§ 22-937 and 22-938, the Attorney General, or the Attorney General's designee, shall have the authority to: (1) Subpoena individuals or corporate representatives; (2) Administer oaths; (3) Examine individuals or corporate representatives under oath; (4) Require sworn answers in writing to written interrogatories; or (5) Compel production of records, books, papers, contracts, and other documents, verified by a sworn certificate of completion. (b)(1) The authority granted by this section may only be used in furtherance of seeking relief under §§ 22-937 and 22-938. (2) Testimony obtained pursuant to this authority shall not be used in furtherance of a criminal investigation related to a violation of § 22-933.01, and shall not be admissible in a criminal proceeding against the person who provided the information. (c) The Attorney General shall not have the authority granted by this section if an indictment, information, or petition has been filed with the court formally charging the target of the investigation with a violation of § 22-933.01. (d) Powers granted pursuant to this section shall not be delegated other than to the Chief Deputy Attorney General, a Deputy Attorney General, or an Assistant Deputy Attorney General. (e) Subpoenas or requests for interrogatories issued pursuant to this section shall contain the information required in § 1-301.88d. (f) Unless otherwise permitted by the Office of the Attorney General, only attorneys for the Office of the Attorney General and their staff, other people involved in the investigation, the witness under examination, his or her attorney, interpreters when needed, and, for the purpose of taking the evidence, a stenographer or operator of a recording device may be present during the taking of testimony. (g) In the case of refusal to obey a subpoena or request for interrogatories issued under this section, the Attorney General may petition the Superior Court of the District of Columbia for an order requiring compliance and where appropriate, imposing a fine payable to the District. Any failure to obey the order of the court may be treated by the court as contempt. In any action in the Superior Court of the District of Columbia pertaining to a subpoena issued under this section, the Attorney General shall be entitled to recover the costs of the action and reasonable attorneys' fees. (h) Any person to whom a subpoena or request for interrogatories has been issued under this section may exercise the privileges enjoyed by all witnesses and may move to quash or modify the subpoena in the Superior Court of the District of Columbia for the following reasons, including: (1) The Attorney General failed to follow or satisfy the procedures set forth in this section; (2) The Attorney General lacked the authority to issue the subpoena or request for interrogatories under this section; or (3) Any other grounds that exist under statute or common law for quashing or modification of a subpoena or request for interrogatories.