Attorney Christopher Carusone's Top 5 Tips For Representing Corporations During PA Grand Jury Investigations

PHILADELPHIA, Jan. 9, 2020 /PRNewswire/ -- Chris Carusone, an attorney at Cohen Seglias Pallas Greenhall & Furman PC, and chair of the firm's Government Law & Regulatory Affairs Group and Consumer Protection & Regulatory Defense Group, shares the benefit of his 25 years of legal experience by offering five tips for representing corporations during Pennsylvania grand jury investigations.

1. Determine if the corporation is a target of the grand jury's investigation. Oftentimes, corporations that receive state grand jury subpoenas are not targets of the grand jury's investigation but merely are in possession of records that are necessary to further the grand jury's investigation of others. In my experience, Pennsylvania prosecutors are typically willing to speak with corporate counsel about the corporation's status, and counsel is encouraged to do so before expending large sums in defending against the subpoena, assuming that important privileges are not at issue.
2. Retain separate counsel for corporate officers/employees. No issue is more fraught with risk in Pennsylvania grand jury practice right now than the representation of multiple clients by a single attorney/firm (multiple representation). Corporate counsel would be wise to steer well clear of this danger zone and arrange for separate representation of corporate officers/employees who get called before the grand jury. While this approach tends to be more expensive for the company, it is possible (and advisable) to allow counsel for the company and its officers/employees to communicate under a joint defense agreement, in the absence of a conflict of interest.
3. Obtain the notice of submission. Under the Investigating Grand Jury Act, 42 Pa.C.S. § 4541 et seq., grand jury investigations are initiated by the filing of a notice of submission with the grand jury supervising judge. Once the grand jury exercises its powers by issuing a subpoena, the recipient is entitled to obtain a copy of the notice to determine whether it is sufficient under 42 Pa.C.S. § 4550. While the requirements for notices are minimal, obtaining a copy of the notice may contain valuable clues about the scope of the grand jury's investigation when the corporation and/or its officers are in the crosshairs.
4. Don't waste time challenging the empanelment of the grand jury. When war breaks out between a corporation and Pennsylvania prosecutors, there is a tendency to take a scorched-earth approach, challenging not only the grand jury's subpoena and the notice of submission but also the very existence of the grand jury. However, the fact is that such challenges are difficult to mount because of grand jury secrecy restrictions, and therefore, usually cost much more than they are worth.
5. Beware of grand jury reports. Even if the company and its officers/employees avoid prosecution, the grand jury has the power to issue a report that could have a devastating impact on the corporation's/individual's reputation. See 42 Pa.C.S. § 4552. Counsel would be wise to keep this possibility in mind and act aggressively to preserve the right to challenge any report prior to its public issuance.

Read the full version of attorney Chris Carusone's article in December 18^th edition of The Legal Intelligencer.

Christopher D. Carusone is an attorney and Partner in the Harrisburg, PA office of Cohen Seglias Pallas Greenhall & Furman PC. He formerly served as the Chief Deputy Attorney General in charge of the Statewide Investigating Grand Jury in the Pennsylvania Office of Attorney General. For additional tips, please read Christopher Carusone's article Tips For Representing Clients In Pennsylvania Office of Attorney General Consumer Protection Investigations. Follow Chris Carusone on LinkedIn and @ChrisCarusone.

SOURCE Cohen Seglias Pallas Greenhall & Furman PC

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