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Note: The comments and questions on this page came from people who visited this website. Please feel free to send your comments and questions to Professor Brenner (brenner@udayton.edu). She will respond privately, and may ask permission to post your message on this page. No one's e-mail will be used without first obtaining their permission, and names and e-mail addresses are removed before a comment is posted. Starting in 2002, the responses posted to the site indicate which of us replied: The initials SWB mean Professor Brenner wrote the response; the initials LES mean Professor Shaw wrote the response. We are also putting the year down, to indicate when the response was posted. If no initials appear, Professor Brenner wrote the response.

My husband is being investigated by a grand jury – what happens if he gets indicted?

My husband, a surgeon, is being investigated by the U.S. Attorney. The government has subpoenaed our personal records and accountant for the grand jury. This is a Medicare Fraud investigation. My question is “now what?” Does my husband get indicted? If he does, what happens after that? Is there an immediate arrest? My children keep asking if daddy is going to jail. Please write to us.


If your husband is being investigated by a federal grand jury, HE SHOULD HAVE A LAWYER! I cannot tell from your email whether he has a lawyer and you are just seeking more information (I do not give legal advice) or whether he does not have a lawyer and you have no one to whom you can turn for information. If he does not have a lawyer, he desperately needs one, someone with experience in grand jury matters. Anyone who is being investigated by a grand jury should have a lawyer to protect their rights, so if he does not, please encourage him to retain one as soon as possible.

As to the other questions you asked, I can't tell you whether he will or will not be indicted--that depends on the strength of the evidence against him, and on the grand jurors' views about the case. It could also depend on whether he might receive immunity from prosecution; a lawyer representing him could inquire into whether this is a possibility. Immunity means he is not prosecuted in exchange for providing testimony about what he knows, usually testimony that is used to indict/convict someone else. Finally, if he is indicted and if he has a lawyer, the lawyer can probably arrange for him to surrender and then to be out on bail . . . but all of that depends on the facts.

Bottom line: Get a lawyer.




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