Also known as: grand jury · grand-jury
Written by attorneys · grounded in primary & secondary sources — see below
A panel of citizens convened to investigate potential criminal offenses and decide whether probable cause supports returning an indictment.
Gavin Grant, a civilian warehouse supervisor, faced federal embezzlement charges carrying a potential ten-year sentence. Prosecutors filed an information directly in district court without first presenting evidence to any grand jury. Grant moved to dismiss, arguing the charging document failed to satisfy the constitutional prerequisite for serious offenses.
Gabriella Gomez, an investigative journalist, published stories based on confidential tips about corporate fraud. A federal grand jury investigating the same scheme subpoenaed her to identify the source. Gomez moved to quash, claiming a First Amendment right to protect the informant during the ongoing inquiry.
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Gina Griffin testified before a federal grand jury about a suspected kickback scheme at her employer. The court reporter failed to record her examination due to an equipment malfunction. Defense counsel later sought dismissal of the resulting indictment on the ground that the proceeding lacked a complete transcript.
Gwen Gallagher, an Assistant U.S. Attorney, needed specialized analysis of financial records obtained during a grand jury investigation of bank fraud. She sought to share transcripts with a private forensic accountant formally designated under 18 U.S.C. § 3322. The targets moved to block the disclosure as unauthorized.
At least twelve qualified grand jurors must concur. An indictment supported by fewer than twelve votes is invalid and subject to dismissal even if the grand jury otherwise had the required quorum.
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Yes. The foreperson or deputy must return the indictment to a magistrate judge in open court. An indictment that appears on the docket without this formal return is defective and may be dismissed.
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No. The First Amendment provides no privilege allowing reporters to withhold testimony or sources from a good-faith grand jury investigation. The obligation to provide evidence overrides any asserted press interest in confidentiality.
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Disclosure is permitted when the recipient is expressly authorized by statute such as 18 U.S.C. § 3322 for financial-institution investigations. The expert must receive the information only for assisting the government's enforcement duties and must be advised of secrecy obligations.
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No. The validity of a prosecution is not affected by an unintentional recording failure. The rule requires recording except during deliberations or voting, but harmless defects do not require dismissal.
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