QUESTION: What exactly is a federal grand jury investigation?
A federal grand jury is comprised of twenty-three (23) citizens selected from within the judicial district in which it sits. Courts have held that sixteen (16) of the grand jurors must be present in order to constitute a quorum. Twelve (12) grand jurors must vote in favor of the return of allegations contained in the indictment for it to be returned.
The burden of proof in front of a grand jury to get an indictment is much different from the "beyond a reasonable doubt" standard required in order to convict at a trial. In front of a grand jury, the federal prosecutor must only present evidence which shows probable cause that the offenses alleged in the indictment were committed by the party or parties alleged.
When you hear that a federal grand jury investigation is underway, it essentially means that an Assistant United States Attorney (AUSA) is using the grand jury to gather documents and secure testimony regarding the allegations under review. The process is somewhat analogous to a deposition or a motion to produce in a civil case. A major difference, however, is that an individual subpoenaed to a federal grand jury cannot have his attorney present with him inside of the grand jury room. The lawyer must remain outside.
The AUSA will prepare an indictment for review and approval of the grand jury. It is very rare that any indictment presented by a federal prosecutor to a federal grand jury is not approved. In fact, there is a saying among lawyers that a federal prosecutor "could get a ham sandwich indicted" if he wanted to.
|
|
Previous