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A Federal Grand Jury Subpoena for Testimony Raises Complex Issues Requiring Expert Legal Advice

By Kenneth M. Miller

If you receive a subpoena to testify before a federal grand jury, your first reaction is probably shock followed shortly by the question, “what should I do?” This article is not legal advice, but is an attempt to highlight key issues that commonly arise in the process.

You should first contact an attorney experienced in dealing with federal grand juries to guide you through the process. Your attorney’s first question will be: should my client testify? While a witness before the grand jury must tell the truth, she may not even have to testify if her testimony could be used to bring a criminal case against her. In that case, she could invoke her “Fifth Amendment Privilege” against self-incrimination. Read More

Recent Developments

Tony Bisconti has been elected by members of the Orange County Bankruptcy Forum to serve as OCBF’s President for 2015-2016.

Tony Bisconti was selected by Super Lawyers magazine to the 2015 Southern California Rising Stars list.

Tony Bisconti has been elected by members of the Orange County Bankruptcy Forum to serve as the OCBF’s Vice President for 2015.

Bienert, Miller & Katzman, PLC is pleased to announce that 3 of our attorneys were recently selected by their peers for inclusion in The Best Lawyers in America© 2015: Thomas H. Bienert, Jr. and James D. Riddet in the field of Criminal Defense: White-Collar, and Steven J. Katzman in the field of Litigation-Bankruptcy.

Bienert, Miller & Katzman, PLC is pleased to announce that James D. Riddet has joined the firm, Of Counsel.

Thomas H. Bienert, Jr. was installed as the 2014 President of the Orange County Bar Association during the January 16, 2014 Judge’s Night and Annual Meeting at the Irvine Marrott. Read more: Southern Grace, Orange County Lawyer, January 2014, Vol. 56 o. 1, p. 10.

Steven J. Katzman was recently selected by his peers for inclusion in The Best Lawyers in America© 2014 in the field ofLitigation-Bankruptcy.

Bienert, Miller & Katzman, PLC is pleased to announce that Michael R. Williams has joined the firm as a partner.

Kenneth M. Miller selected as a “2013 Top Rated Lawyer in White-Collar Criminal Defense” by American Lawyer Media and Martindale-Hubbell.

Kenneth M. Miller has joined the Chapman University School of Law Adjunct Faculty.

Thomas H. Bienert, Jr. recently became a Board Member of the Orange County Criminal Defense Bar Association (OCCDBA).

BMK successfully moves for dismissal with prejudice of claim seeking six billion dollars in damages and obtains an award of sanctions on behalf of its client. Read more here.

Steven J. Katzman has been named Orange County’s Litigation-Bankruptcy Lawyer of the Year for 2013 by Best Lawyers.

Thomas H. Bienert, Jr. was recently admitted to the American College of Trial Lawyers.

Kenneth M. Miller has been selected as a Lawyer Representative to the Ninth Circuit Judicial Conference for 2011-2014. Lawyer Representatives work to foster open communications between judges and attorneys, and provide support and advice in the functioning of the courts.

Steven J. Katzman, former Assistant United States Attorney and United States Trustee, has been named President of the Orange County Bankruptcy Forum for 2011-2012.

Thomas H. Bienert, Jr. has been elected by members of the Orange County Bar Association to serve as the OCBA’s Treasurer for 2012.

The Federal Deposit Insurance Corporation (“FDIC”) has retained Bienert, Miller & Katzman, PLC as one of three law firms nationwide selected to audit and investigate fraudulent loans made by a national lending institution, resulting in the largest bank failure and FDIC receivership in banking history. The firm, as approved FDIC counsel, is assisting in the investigation, pursuit and litigation of fraud related claims arising from hundreds of millions of dollars in losses from toxic loans. Bienert, Miller and Katzman, PLC is uniquely qualified to investigate and pursue these claims, given the firm’s extensive experience in criminal defense, litigation and bankruptcy matters.

U.S. News and World Report named Bienert, Miller & Katzman, PLC one of the best firms in Orange County for White-Collar Criminal Defense for 2011-2013.

Thomas H. Bienert, Jr. and Kenneth M. Miller were named by Southern California Super Lawyers magazine as among the top White Collar Criminal Defense Attorneys in Southern California for 2010, 2011 and 2012. Thomas H. Bienert, Jr. has been named to Super Lawyers for seven consecutive years. Super Lawyers can be found online at www.superlawyers.com.

Thomas H. Bienert, Jr. has been named Orange County’s “White-Collar Lawyer of the Year” for 2011 by Best Lawyers.

Thomas H. Bienert, Jr. has been named as the Top 100 Trial Lawyers by The National Trial Lawyers.

Thomas H. Bienert, Jr. and Kenneth M. Miller are peer rated  “AV Preeminent” by Martindale-Hubble. The rating reflects the confidential opinions of members of the Bar and Judiciary and is the highest possible rating in both legal ability and ethical standards.

 

Speaking Engagements

2016

  • 05/03-05/06/2016

    Thomas H. Bienert, Jr.

    Speaker, Kessler-Eidson Trial Techniques Program.

    Read more →

     

2015

  • 11/6/2015

    Anne Uyeda

    Panelist, “Lessons from Detroit: Advising Distressed Municipalities,” 2015 National Asian Pacific American Bar Association Annual Convention, New Orleans LA.

2014

  • 06/26/2014

    Kenneth M. Miller, Moderator & James D. Riddet, Panelist

    What is So Different About Being a “White Collar” Lawyer, Orange County Criminal Defense Bar Association, Santa Ana CA.

  • 06/17/2014

    Steven J. Katzman

    Speaker, Chapter 9 and Retiree Issues, General Assembly – Retired Public Employees Association of CA.

  • 02/08/2014

    Thomas H. Bienert, Jr.

    Speaker, Bridging the Gap, Orange County Bar Association, Dale E. Fowler School of Law at Chapman University.

2013

  • 11/07/2013

    Kenneth M. Miller

    Panelist, The Devil is in the Details: Plea Agreement Practice and Pitfalls, FBA OC Chapter & OCCDBA present: The 2013 Annual Criminal Practice Seminar, Whittier Law School.
    Read more →

  • 09/27-28/2013

    Steven J. Katzman

    Steve Katzman to speak at National Association of Federal Equity Receivers (“NAFER”).
    Steve Katzman will participate as a lawyer for the investor class in a mock ponzi scheme trial at the NAFER Conference in Chicago, Illinois, on September 27-28, 2013. Read more about the conference and agenda here.
    Read more about the conference & agenda →

  • 09/21/2013

    Thomas H. Bienert, Jr.

    Speaker, White Collar Crimes – A Look into What Constitutes Fraud, Orange County Paralegal Association, 27th Annual Educational Conference.

  • 03/28/2013

    Steven J. Katzman

    Speaker, Pointers for Practitioners Positioned in Parallel Proceedings, OCBA Commercial Law and Bankruptcy Section March Meeting, Tustin Banquet Center.
    Read more →

  • 02/09/2013

    Thomas H. Bienert, Jr.

    Panelist, The Allen E. Broussard Panel on Professionalism and Civility, OCBA, OCBA Young Lawyers Division & The Daily Journal Present: Bridging the Gap, Chapman Law School, Kennedy Hall.
    Read more →

  • 01/18/2013

    Steven J. Katzman

    Panelist, California Receiver’s Forum Complex Case Symposium, co-hosted by Loyola Law School, on the subject of municipal bankruptcies and the role a receiver can play in the process of a municipality working through financial distress.
    Read more →

2012

  • 11/30/2012

    Steven J. Katzman

    Presenter, Phelps & Rhodes Productions Presents: Trustee and The Badoff Investor Class v. Bigbank, A Mock Trial, American Bankruptcy Institute, 24th Annual Winter Leadership Conference. The presentation will offer great insights for practitioners representing victims of Ponzi schemes and those defending persons and entities that may be liable directly and indirectly for the investors’ losses.

    Read more →

  • 09/13/2012

    Kenneth M. Miller and Ariana Seldman Hawbecker

    Internal Investigations, Bienert, Miller & Katzman, PLC. When you receive a whistleblower complaint or suspect criminal wrongdoing within your company: Running an effective internal investigation, including practical considerations for in-house counsel when referring matters or making voluntary disclosures to governmental authorities.

    Listen to details →

  • 07/12/2012

    Thomas H. Bienert, Jr.

    Effective Cross Examination in Civil and Criminal Litigation, Bienert, Miller & Katzman, PLC.

  • 06/14/2012

    Steven J. Katzman

    Speaker, Fraud Update, 2012 Fraud in Audit, Accounting and Tax Conference.
    Mr. Katzman will provide an update on the current trends in financial fraud, current schemes and scams and enforcement.

    More details →

  • 04/18/2012

    Kenneth M. Miller and Anthony R. Bisconti

    Speakers, Organized Crime and Terrorism, The People’s Procuratorate of Hunan Province, P.R. China, International Education Programs College of the Extended University, California State Polytechnic University Pomona.

  • 04/18/2012

    Ariana Seldman Hawbecker and Susann K. Narholm

    Speakers, State and Federal Structure and Plea Agreements, The People’s Procuratorate of Hunan Province, P.R. China, International Education Programs College of the Extended University, California State Polytechnic University Pomona.

  • 04/17/2012

    Thomas H. Bienert, Jr. and Anne Uyeda

    Speakers, Functions of U.S. Prosecutors, The People’s Procuratorate of Hunan Province, P.R. China, International Education Programs College of the Extended University, California State Polytechnic University Pomona.

  • 03/01/2012

    Thomas H. Bienert, Jr. 

    Panelist, Securities Fraud in the Courtroom: Lessons From Trials and Pre-Trial Litigation, 26th Annual National Institute on White Collar Crime. Panelists will discuss some of the more interesting evidentiary issues that arose in recent securities cases and the manner in which they were dealt with by counsel and the court, including motions filed and rulings made.

  • 01/25/2012

    Teresa Céspedes Alarcon, Esq.

    Speaker, Investigating Corporate Employees in Civil and Criminal Litigation – A Necessary but Difficult Task, Bienert, Miller & Katzman, PLC.

2011

  • 12/02/2011

    Steven J. Katzman

    Panelist, If it Quacks Like a Duck: Identifying and Avoiding Fraud in Consumer Cases, American Bankruptcy Institute, 23rd Annual Winter Leadership Conference.

  • 11/30/2011

    Thomas H. Bienert, Jr.

    Speaker, Thriving Medium Sized Firms in Orange County HOME GROWN SUCCESS STORIES How They Got There…, Orange County Bar Association.

  • 05/05/2011

    Steven J. Katzman

    Panelist, Trial Advocacy Program, Orange County Bankruptcy Forum, Chapman Law School.

  • 10/27-28/2011

    Thomas H. Bienert, Jr.

    Panelist, Erosion of Criminal Intent (Healthcare, Environmental), Fourth Annual Sentencing & Reentry Institute and Criminal Justice Legal Educators Colloquium, American Bar Association.

  • 09/21/2011

    Thomas H. Bienert, Jr.

    Speaker, Recent Developments in Healthcare Fraud Enforcement, White Collar Conference.

  • 06/11/2011

    Steven J. Katzman

    Panelist, Fundamentals of Bankruptcy, Orange County Bankruptcy Forum, Orange County Bar Association, Commercial and Bankruptcy Law Section and Chapman Law School.

  • 03/24/2011

    Kenneth M. Miller

    Speaker, The Basics of State and Federal Habeas Corpus; Including Death Penalty Cases, Orange County Paralegal Association.

2008

  • Law Day Presentation(2001 – 2008), 2001 – 2008

    Kenneth M. Miller

    Speaker, Constitutional Rights Foundation, Orange County, Law Day Presentation.

  • 12/11/2008

    Steven J. Katzman

    Panelist, Navigating Between Bankruptcy and Criminal Concerns in the Face of the Mortgage Meltdown, Orange County Bar Association, Commercial and Bankruptcy Law Section.

  • 09/26/2008

    Steven J. Katzman

    Panelist, Traps for the Unwary: What Creditors’ and Debtors’ Counsel Need to Know about the Mortgage Crisis? A Case-By-Case Analysis, National Conference of Bankruptcy Judges, Annual Meeting.

  • 06/04/2008

    Steven J. Katzman

    Panelist, Toolbox for Practitioners: Running on Empty – Taking a Commercial Debtor Through Chapter 11, Association of Insolvency and Restructuring Advisors, Annual Bankruptcy and Restructuring Conference.

  • 01/19/2008

    Steven J. Katzman

    Panelist, Everything the General Practitioner Should Know About Consumer Bankruptcies, California State Bar Section Education Institute.

2007

  • 09/07/2007

    Steven J. Katzman

    Panelist, Creditor Abuse and Attorney Misconduct, BAPCPA Implementation Update Conference, Justice Department National Advocacy Institute.

  • 03/01/2007

    Steven J. Katzman

    Panelist, Creditor Abuse and Attorney Misconduct, BAPCPA Implementation Update Conference, Justice Department National Advocacy Institute.

2006

  • 12/01/2006

    Steven J. Katzman

    Panelist, E-Discovery Fundamentals, New Rules and The Sedona Principles, American Bankruptcy Institute Winter Leadership Conference, Commercial Fraud Task Force and Ethics Committee Educational Session.

  • 11/03/2006

    Steven J. Katzman

    Panelist, The Forest and the Trees: Attorney Liability under BAPCPA, National Conference of Bankruptcy Judges, Annual Meeting.

  • 09/15/2006

    Steven J. Katzman

    Panelist, United States Trustee Program Presentation, National Association of Bankruptcy Trustees, National Conference.

  • 09/08-09/2006

    Steven J. Katzman

    Panelist, Panel on Consumer Bankruptcy Issues, American Bankruptcy Institute, Southwest Conference.

  • 06/06/2006

    Steven J. Katzman

    Speaker, Issues Related to the Implementation of BAPCPA, San Diego Women’s Insolvency Network.

  • 05/25/2006

    Steven J. Katzman

    Speaker, U.S. Trustee Oversight of Compliance with the Bankruptcy Abuse Prevention and Consumer Protection Act, Orange County Bar Association, Commercial Law and Insolvency Section.

  • 02/06/2006

    Steven J. Katzman

    Panelist, Credit Counseling Under BAPCPA, and Chapter 13 Case Administration, Bankruptcy Judges for the Central District of California.

2005

  • 12/05-06/2005

    Steven J. Katzman

    Panelist, My Practice Will Go On… Or Will It? – Ethical and Other Challenges for Consumer Bankruptcy Case Practice Under BAPCPA, American Bankruptcy Institute Winter Leadership Conference.

  • 11/16/2005

    Steven J. Katzman

    Speaker, United States Trustee Program and Provisions of BAPCPA Affecting Criminal Prosecution, Federal Bureau of Investigation, 9th Circuit Legal Conference.

  • 11/14/2005

    Steven J. Katzman

    Speaker, BAPCPA and Resposibilities of the United States Trustee Program in Implementation of the Same, Guam Bar Association.

  • 10/19/2005

    Steven J. Katzman

    Panelist, BAPCPA, Responsibilities of the United States Trustee Program, with Focus on Means Testing and Credit Counseling, San Diego Bankruptcy Forum.

  • 10/11/2005

    Steven J. Katzman

    Panelist, BAPCPA, Responsibilities of the United States Trustee Program, with Focus on Means Testing and Credit Counseling, Inland Empire Bankruptcy Forum.

  • 09/30/2005

    Steven J. Katzman

    Speaker, The Implementation of Credit Counseling Under BAPCPA, Hawaii State Bar Association.

  • 09/16/2005

    Steven J. Katzman

    Speaker, Presentation on credit counseling and the appointment of healthcare and privacy ombudsman under BAPCPA, Federal Bar Association, Annual Ethics Symposium.

  • 07/30/2005

    Steven J. Katzman

    Panelist, Presentation on Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Inland Empire Bankruptcy Forum.

  • 04/30/2005

    Steven J. Katzman

    Panelist, Catch Me If You Can: Understanding, Prosecuting and Defending Fraudulent Transfers, Orange County Bankruptcy Forum.

2004

  • 10/07/2004

    Steven J. Katzman

    Panelist, Bankruptcy Fraud After Enron: Filing Bankruptcy Without Going to Jail, California State Bar Convention.

  • 09/24/2004

    Steven J. Katzman

    Panelist, Issues Related to the Representation of Debtors, Federal Bar Association, Annual Ethics Symposium.

  • 09/09/2004

    Steven J. Katzman

    Panelist, Small Asset Case Administration, National Association of Bankruptcy Trustees, National Conference.

  • 05/19/2004

    Steven J. Katzman

    Moderator, Panel on Civil and Criminal Enforcement Initiatives, Justice Department National Advocacy Institute, Chapter 7 Panel Trustees Seminar.

  • 04/22/2004

    Steven J. Katzman

    Panelist, Presentation on Criminal Bankruptcy/Tax Prosecutions, Justice Department National Advocacy Institute, Criminal Bankruptcy Fraud Training.

2003

  • 12/05-06/2003

    Steven J. Katzman

    Panelist, Ethics for the Consumer Practitioner Use of Appearance Counsel, Unbundling, Noisy Withdrawals, Model Agreements and the Unauthorized Practice of Law, American Bankruptcy Institute Winter Leadership Conference.

  • 11/04/2003

    Steven J. Katzman

    Panelist, Select Issues in Parallel Criminal/Bankruptcy Proceedings, San Diego Women’s Insolvency Network.

  • 10/21/2003

    Steven J. Katzman

    Speaker, Meet Your New US Trustee for Region 15, San Diego Bar Association.

1998

  • 06/11/1998

    Kenneth M. Miller

    Affirmative and Other Defenses: A Fresh Look, Training Seminar for the Federal Public Defender’s Office, Central District of California.

1996

  • 02/10/1996

    Kenneth M. Miller

    Speaker, Creative Downward Departures, Advanced Federal Sentencing Practice Seminar, Federal Bar Association, O.C. Chapter.