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Old 01-16-2004, 09:51 AM   #1 (permalink)
pow!
 
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Location: NorCal
I'm getting subpoenaed - advice?

Soo.... the CA State Board of Equalization (sales tax enforcement folks) informed me that they are going to subpoena me. They are investigating my employer (headquartered out of state).

Even though I'm 99% sure my employer is innocent of any sales tax shennanigans, and 100% sure that I've done nothing wrong, I'm kind of freaking out.

Any idea what I can expect? What exactly does this mean? Nobody can tell me.

I figure they will come into my office and take everything, but beyond that, I have no clue.
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Old 01-16-2004, 09:54 AM   #2 (permalink)
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A friend of mine was subpoenaed when her employer was sued. Basically, be prepared to have all of your emails and files searched, tell the truth, and you'll be fine.
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Old 01-16-2004, 10:01 AM   #3 (permalink)
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Quote:
Originally posted by lurkette
A friend of mine was subpoenaed when her employer was sued. Basically, be prepared to have all of your emails and files searched, tell the truth, and you'll be fine.
It's pretty intimidating to be subpoenaed or served with papers (I was sued a couple years ago.. scared the shit outta me) but the best thing you can do is try to remain calm and know that as long as you're honest with everything/everyone things should be ok.
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Old 01-16-2004, 10:06 AM   #4 (permalink)
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"You have nothing to fear but fear itself."

If you didn't do anything wrong then you should be ok. You privacy could be invaded for a short time while they sift through the evidence, and you could be asked to take the stand, but you'll be fine. Just use that wit of yours clavus and the judge might let you off by reason of being a tainted witness.
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Old 01-16-2004, 10:19 AM   #5 (permalink)
pow!
 
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Location: NorCal
Oh, ya
Quote:
Originally posted by water_boy1999
Just use that wit of yours clavus and the judge might let you off by reason of being a tainted witness.
Oh, sure. Judges LOVE smartass witnesses. I'd probably end up in Guantanamo Bay with the frickin' Taliban.

Thanks everyone. I'm going from freaked out to pissed off. Thus far the tax folks have been first-class jerks and bald-faced liars.
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Old 01-16-2004, 10:21 AM   #6 (permalink)
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You are 100% sure that you havent done anything wrong so there isnt anything to worry about. Yes they will go through everything so best to go about days just as normal. Try not to delete anything off your computer for the next little while. Even if they are personal emails and what not they are not after what you and your SO are doing this weekend. If they see that theres been tons of stuff deleted they will start to dig deeper. Might also be looking at a company audit as well as employee personal audits. If and when you do go to court they will drill you asking if you have heard, seen or ever found anything that seemed a little odd that would convict your boss.
The other thing I could suggest to is a lot of lawyers have some free consultations , you could always try and find one in the phonebook and ask him/her what else to expect. If they have time you might beable to get one that has a little free time to answer questions.
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Last edited by Yalaynia; 01-16-2004 at 10:24 AM..
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Old 01-16-2004, 11:01 AM   #7 (permalink)
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Location: Chicago, IL
Wow, sorry you got stuck in that situation. Like everyone has said, just be honest and things should hopefully sort themselves out. I hope it all clears up soon!
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Old 01-16-2004, 11:11 AM   #8 (permalink)
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well, i am pretty sure that if you just tell the truth to the best of your knowledge, you won't have a problem, YOU are not on trial so the only thing you have to worry about is Purjury, and sending your boss down the river.
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Old 01-16-2004, 01:31 PM   #9 (permalink)
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My only advice would be to not lie even a little. Don't try to shade over the situation or try to make something look better, just speak the plain ol' truth.

Most lawyers aren't going to ask you a question they don't already know the answer to.
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Old 01-16-2004, 04:29 PM   #10 (permalink)
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Location: Deep South Texas
went before a grand jury one time----

do not offer anything---just answer the questions
as best (and short) as you can.....

if you do not remember --just say so--don't let anyone intimidate you...or force you to say what THEY want to hear...

hang tough..
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Old 01-16-2004, 04:50 PM   #11 (permalink)
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yes or no answer.
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Old 01-16-2004, 05:00 PM   #12 (permalink)
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talk to a lawyer. your lawyer, not the company's.
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