An administrative subpoena or civil investigative demand comes from an agency rather than a grand jury, but the exposure created by the response is the same. 18 U.S.C. § 1001 applies to false statements in any matter within the jurisdiction of the executive branch, and 18 U.S.C. § 1519 reaches destruction of records to impede the proper administration of any matter within the jurisdiction of any federal department or agency. Neither is limited to grand jury proceedings.
Waxman Litigation acts for companies and their boards. Seth B. Waxman spent 13 years as an Assistant United States Attorney in the District of Columbia, roughly eight of them on fraud and public corruption.
How it differs from a grand jury subpoena
A grand jury subpoena issues from the court in a criminal investigation while an administrative subpoena issues from an agency under its own authority, but the response exposure under 18 U.S.C. §§ 1001 and 1519 is identical.
| Grand jury subpoena | Administrative subpoena / CID | |
|---|---|---|
| Issued by | The court, at the grand jury’s instance (Fed. R. Crim. P. 17) | An agency under its own authority |
| Underlying process | Criminal investigation | Civil, regulatory or administrative — which may become criminal |
| Secrecy | Rule 6(e) binds the government | No equivalent general rule |
| Response exposure | §§ 1001, 1519 | §§ 1001, 1519 — the same |
Why the agency context does not reduce the risk
Destroying or falsifying a record to impede a federal investigation carries up to 20 years under 18 U.S.C. § 1519, and the statute applies to any matter within the jurisdiction of a federal department or agency.
Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both. (Added Pub. L. 107–204, title VIII, § 802(a) , July 30, 2002 , 116 Stat. 800 .) U.S. Code Toolbox Law about… Articles from Wex Table of Popular Names Parallel Table of Authorities How current is this? Accessibility About LII Contact us Advertise here Help Terms of use Privacy
⭐ Read the words “any matter within the jurisdiction of any department or agency of the United States”. This is not a grand-jury-only provision.
Obstructing an agency proceeding
Corruptly influencing or impeding a pending agency proceeding is itself an offense under 18 U.S.C. § 1505, punishable by up to five years.
Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress — Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331 ), imprisoned not more than 8 years, or both. (June 25, 1948, ch. 645, 62 Stat. 770 ; Pub. L. 87–664, § 6(a) , Sept. 19, 1962 , 76 Stat. 551 ; Pub. L. 91–452, title IX, § 903 , Oct. 15, 1970 , 84 Stat. 947 ; Pub. L. 94–435, t
Frequently asked questions
Is an agency demand less serious than a grand jury subpoena?
The process differs; the exposure created by a false statement or by document destruction does not.
Can an administrative matter become criminal?
Yes, and material produced in the civil track is generally available in the criminal one.
Do we have to comply immediately?
Scope and timing are frequently negotiated. That is a conversation for counsel.
Does § 1505 apply here?
It can apply once an agency proceeding is pending. The section addresses corruptly obstructing a pending proceeding before a department or agency. See § 1505.
What is a civil investigative demand?
A compulsory demand for documents, written answers or testimony issued by an agency under the authority of the statute it enforces, rather than by a court at the instance of a grand jury.
Who issues an administrative subpoena?
The agency itself, under its own statutory authority. That is the structural difference from a grand jury subpoena, which the clerk of the court issues under Fed. R. Crim. P. 17.
When does the limitation period run if the matter turns criminal?
From the commission of the offense. The general federal period is five years under 18 U.S.C. § 3282(a), extending to 10 years for offenses affecting a financial institution under 18 U.S.C. § 3293 and 6 years for a securities fraud offense under 18 U.S.C. § 3301.
Where would a criminal case arising from an agency investigation in Washington, D.C. be brought?
It would be brought in the United States District Court for the District of Columbia, a single judicial district with court held at Washington. The agency that issued the demand is a separate body from that court, which is exactly why an agency demand carries no grand jury secrecy obligation. See 28 U.S.C. § 88 and Fed. R. Crim. P. 6(e).
How should a company treat an agency demand differently from a grand jury subpoena?
It should not treat it any less seriously. The exposure created by the response is identical, because the false statement and obstruction provisions both apply to any matter within the jurisdiction of a federal department or agency — and there is no general secrecy rule restricting what the agency may share. See 18 U.S.C. §§ 1001 and 1519 and Fed. R. Crim. P. 6(e).
How much can a false statement to an agency cost?
The false statement provision sets imprisonment of up to five years and leaves the fine to the general fine statute, under which an individual found guilty of a felony may be fined up to $250,000, or the higher amount based on gain or loss. The agency’s own civil penalties, where its statute provides them, run separately from that. See 18 U.S.C. §§ 1001 and 3571(b), (d).
Sources and legal authorities
General information about federal law, not legal advice, and not a prediction of any outcome. Federal criminal exposure turns on facts this page cannot assess. If your company has been contacted by investigators or has received a subpoena, take advice before gathering documents or interviewing staff.
Related: Government Subpoenas & Investigative Demands · Grand Jury Subpoenas · Parallel Criminal & Civil Proceedings · White-Collar Defense. Call (301) 901-3109 or use the contact page.