The state Auditor has declined a request for records that represent federal subpoenas issued to that office or its personnel, saying the state office cannot release materials before a federal grand jury.
Responding to a news tip, West Virginia MetroNews filed a Freedom of Information request with the state Auditor on Tuesday afternoon, asking for public records that represent federal subpoenas to the Auditor’s Office or to Auditor’s Office personnel in their public employee capacity.
In a little more than an hour, the Auditor’s Office general counsel responded with a denial on the grounds that releasing the information would violate the secrecy of grand jury proceedings.
“The state Auditor’s job is to catch wrongdoing in state and local government. Confirming that their own office is under federal grand jury investigation is a HUGE deal,” posted state Delegate Tristan Leavitt, an attorney and president of Empower Oversight, a nonprofit that provides guidance to whistleblowers.
A federal grand jury is a group of citizens summoned by a U.S. District Court to hear evidence and decide whether there is enough to move forward with charges.
A grand jury does not decide if someone is guilty or innocent. They only decide if there is “probable cause” to believe a federal crime was committed.
Not every grand jury results in charges. And, in the step after that, not every set of charges results in conviction.
The grand jury can compel witnesses to testify or demand the production of documents through official subpoenas.
The denial of information from the state Auditor’s Office cited federal case law and said, “Federal law normally forbids government attorneys from revealing anything that occurs in a grand jury room. FOIA, in turn, exempts disclosure of any information protected by federal law. That exemption governs.”
The Auditor’s Office response cites sections of the Federal Rule of Criminal Procedure, saying it “prohibits disclosure of matters before a grand jury which would include the subpoena and any records responsive to the same.”
The denial noted, “The Rule is intended to maintain strict secrecy of grand jury proceedings with limited exceptions.”
That section of the Federal Rule of Criminal Procedure restricts grand jurors, interpreters, court reporters, recording operators, transcribers, government attorneys, and designated government personnel from disclosing grand jury matters.
Defendants and grand jury witnesses are not bound by the secrecy rule and face no prohibition under that section of federal guidelines against discussing their own testimony or experience.
In addition to the FOIA, MetroNews also sent emails and placed phone calls to the communications office and chief of staff with the auditor but received no response.
Multiple sources said investigators were present at the delinquent sales tax office run by the Auditor.
The West Virginia State Auditor serves as the state’s official bookkeeper, chief financial inspector and supervisor of public offices.
The Auditor investigates waste, fraud and abuse across state agencies and local governments.
Mark Hunt, a former state delegate and senator, has served as the state Auditor since 2025. He has practiced law for 30 years, initially as managing partner of Hunt & Serreno PLLC and later at Mark A. Hunt & Associates PLLC.