Receiving a federal target letter can be intimidating. If the federal government has notified you that you are the target of a criminal investigation, you may not know what the letter means, whether you will be charged with a federal crime, or what you should do next.
A federal target letter is a serious matter. It generally means federal prosecutors believe there is substantial evidence connecting you to a federal criminal offense and that you are a target of a grand jury investigation.
If you receive a target letter, you should speak with a federal criminal defense attorney before contacting federal prosecutors or providing information about the investigation. An attorney can review the letter, explain your options, and help protect your rights throughout the investigation.
What Is a Federal Target Letter?
A federal target letter is a formal notification from federal prosecutors informing you that you are a target of a federal grand jury investigation.
The term “target” has a specific meaning in federal criminal investigations. The U.S. Department of Justice generally uses it to describe a person as to whom the prosecutor or grand jury has substantial evidence linking that person to the commission of a crime.
A target letter may identify the general nature of the investigation and the federal offenses prosecutors are investigating. It may also ask you to contact the prosecutor or appear for an interview.
Receiving a federal target letter does not mean you have already been charged with a crime. A federal grand jury must generally return an indictment before the government can proceed with many federal felony prosecutions.
However, a target letter should never be ignored. It means the federal government is seriously investigating potential criminal conduct.
Why Do Federal Prosecutors Send Target Letters?
Federal prosecutors may send a target letter when they believe a person may have committed a federal offense and the investigation has reached a stage where the government is considering seeking an indictment.
A target letter can serve several purposes. It may:
- Notify you that you are a target of a federal investigation
- Identify the general subject of the investigation
- Ask you to contact the prosecutor
- Invite you to participate in an interview
- Provide information about a grand jury investigation
- Give you an opportunity to retain an attorney before further investigative steps are taken
A target letter may also provide an opportunity for a person to cooperate with the government. Depending on the circumstances, an attorney may be able to discuss potential cooperation with prosecutors or negotiate an agreement that could affect how the investigation proceeds.
The appropriate strategy depends on the facts of the investigation. You should not assume that cooperating with federal prosecutors is always the best option.
Does a Federal Target Letter Mean You Will Be Indicted?
No. Receiving a federal target letter does not guarantee that you will be indicted.
The purpose of a federal grand jury is to determine whether there is probable cause to believe a federal crime was committed and whether an indictment should be returned. Prosecutors may ultimately decide not to seek an indictment, or the grand jury may not return one.
However, being identified as a target means you are facing significant scrutiny from federal investigators.
Your attorney may be able to take steps during the investigation to protect your interests. Depending on the circumstances, those steps could include communicating with prosecutors, providing information, negotiating cooperation, challenging the government’s evidence, or attempting to resolve the investigation before an indictment is issued.
What Is the Difference Between a Target, Subject, and Witness?
Federal prosecutors may classify people involved in an investigation as targets, subjects, or witnesses.
- A target is generally someone prosecutors believe has substantial evidence linking them to a federal crime.
- A subject is generally someone whose conduct falls within the scope of the investigation but who is not considered a target.
- A witness is generally someone who has information about the investigation but is not considered to be involved in the criminal conduct under investigation.
These classifications can change as an investigation develops. If you have received a federal target letter, an attorney can help you understand what your classification means and what options may be available.
What Types of Crimes Can Lead to a Federal Target Letter?
A federal target letter can be issued in almost any federal criminal investigation.
Federal prosecutors frequently investigate complex cases involving financial transactions, businesses, government programs, and conduct that crosses state or international borders. As a result, target letters are sometimes associated with white-collar crimes, although they are not limited to those offenses.
Examples of federal crimes that could result in a target letter include:
- Fraud
- Wire fraud
- Mail fraud
- Embezzlement
- Money laundering
- Bribery
- Insider trading
- Tax crimes
- Securities violations
- Healthcare fraud
- Federal drug offenses
- Federal firearms offenses
- Conspiracy
The government may also investigate conduct involving the concealment of financial crimes or attempts to interfere with federal regulatory agencies.
What Should You Do If You Receive a Federal Target Letter?
If you receive a federal target letter, one of the most important things you can do is contact a federal criminal defense attorney before responding to the government.
Do not assume that you need to immediately contact the prosecutor, agree to an interview, or provide documents or other information on your own. Instead:
Read the Letter Carefully
Review the target letter and make note of any deadlines, instructions, allegations, or requests. Keep the original letter and any documents that came with it.
Contact a Federal Criminal Defense Attorney
An attorney can review the letter and help you understand what the federal government is investigating. Your attorney can also communicate with prosecutors on your behalf.
Do Not Destroy or Alter Evidence
Do not delete, destroy, conceal, or alter documents, electronic communications, financial records, or other information that could be relevant to the investigation. Doing so could create additional criminal or legal problems. Preserve potentially relevant evidence and discuss it with your attorney.
Do Not Contact Prosecutors on Your Own
You may be tempted to contact the prosecutor to explain your side of the story. This can be risky. Statements made during a federal investigation can be used by prosecutors as evidence. Your attorney can determine whether communicating with the government is appropriate and, if so, how that communication should occur.
Do Not Discuss the Investigation With Others
Be careful about discussing the investigation with coworkers, business partners, potential witnesses, or others who may be involved. Your attorney can advise you about how to handle communications while the investigation is ongoing.
Can a Federal Criminal Defense Attorney Help Avoid an Indictment?
In some cases, an attorney may be able to take action before a federal grand jury returns an indictment. There is no guarantee that an indictment can be avoided, but early legal representation gives your attorney an opportunity to understand the investigation and evaluate possible strategies.
Depending on the circumstances, your attorney may communicate with federal prosecutors, provide information that addresses the government’s concerns, negotiate cooperation, or pursue another resolution before charges are filed. The earlier you involve an attorney, the more opportunity there may be to evaluate your options.
What Happens After You Receive a Federal Target Letter?
There is no single process that follows every target letter. The next steps depend on the investigation and the government’s objectives.
You may be asked to participate in an interview with federal prosecutors or investigators. You may receive a subpoena for documents or testimony. The government may continue its investigation without contacting you again. In some cases, prosecutors may ultimately seek an indictment.
Your attorney can help you understand what is likely to happen based on the specific language of your target letter and the circumstances of the investigation.
Get Help With a Federal Target Letter
A federal target letter is a serious indication that federal prosecutors are investigating you for potential criminal conduct. While receiving one does not mean you will automatically be indicted or convicted, you should take the situation seriously and protect your rights from the beginning.
The federal criminal defense attorneys at Harrison & Hart, LLC can review your target letter, explain what it means, and help you determine how to respond. Our attorneys can communicate with federal prosecutors and develop a strategy based on the circumstances of your investigation.
If you have received a federal target letter, call Harrison & Hart, LLC at (505) 295-3261 or contact us online to schedule a consultation.
