Target Letters From Federal Law Enforcement

Have you or someone you know received a target letter from federal law enforcement? If so, some of the information in this publication may be helpful to you. It is not a substitute for legal advice or an exhaustive treatment of the subject, but it is a good start.

What is a target letter?

A target letter is the means by which the federal government informs individuals that they are targets for criminal prosecution.  It is frequently used in white collar cases and is often the first indication that an individual is under investigation.  The United States Attorney’s Manual defines “target” as a putative defendant against whom there is substantial evidence.  The target letter notifies the recipient about a number of things, including:

  • the recipient’s status as a target in a federal grand jury investigation;
  • the crime or crimes that the recipient is suspected of committing;
  • the recipient’s right to assert the Fifth Amendment; and
  • information for obtaining court-appointed counsel.

Additionally, the target letter will caution the recipient against destroying any evidence, stating that such acts may constitute obstruction of justice, and sometimes encourage the recipient to reach out to the prosecutor to discuss the matter.

If I receive a target letter, does that mean I will definitely be indicted?

No. Although the likelihood of an indictment is high, it is not inevitable. Prosecutors are not always able to gather sufficient evidence to indict their targets. In some cases, an experienced white collar crimes attorney may be able to persuade the prosecutor to close an investigation, or reclassify the target as a witness. Whether this is possible depends upon the specific facts of your case. To learn more about the difference between targets, subjects, and witnesses, read our blog post “Targets, Subjects and Witnesses in Federal Criminal Investigation.”

What should I do if I receive a target letter?

Hiring a good attorney early will give you the best chance of reaching a favorable result.  In some cases, an attorney might be able to persuade the prosecutions to drop the investigation against you. Even if a criminal indictment is inevitable, your attorney may be able to obtain early discovery, evaluate the evidence, and perhaps reach out to the prosecution to negotiate a favorable pre-indictment plea agreement.  Because the prosecutor may not have spent significant time and resources investigating the case at this stage, there may be more room to negotiate than in cases where the grand jury has already returned an indictment with particular charges.

Is it OK to talk to the agents investigating me?

No. It may be tempting to contact the investigating agents to obtain information or explain your involvement to them, but this is a mistake. Your statements can be used against you, and the agents have received extensive training on how to exploit this situation. Only communicate with the government through your attorney. You should therefore resist the urge, as strong as it may be, to contact the government about your case until you are represented and advised by an experience federal defense lawyer.

Once your attorney carefully evaluates your case, your attorney may then advise you to make statements to the government if doing so would be to your benefit.  For example, this may include meeting with prosecutors and agents in a proffer session, or providing testimony to the grand jury under a grant of immunity.  However, the ground rules and limitations should be clearly explained to you by your attorney.

Is it OK to talk to other person(s) connected to the investigation?

No. As with conversations with agents, your conversations with other people can be used against you if those individuals are subpoenaed at trial or before the grand jury. How can these conversations be used?  For one thing, the prosecution is skilled at making innocent conversations sound sinister. Moreover, if the individuals you speak to are potential witnesses in the case, the prosecution may be able to accuse you of obstruction of justice.

What about family members?  Or, if you have to miss work for court appearances, what do you tell your employer?  We understand that these circumstances can be challenging, especially when questions begin to arise from your spouse, parents, children, co-workers, or employer.  The safest course of action is to speak with an attorney who can advise you as to what you should and should not discuss with such people. After considering all the facts and circumstances, your attorney can give you clear guidance as to topics and issues you can and cannot discuss, and advise you on how to deal with people close to you.

Should I cooperate with the government?

Possibly. This is a central question for many people targeted by the federal government, and the answer depends on the specific facts of the case. An experienced federal criminal lawyer can help you weigh such factors as your chances of winning at trial, your probable sentence if you lose at trial, and the advantages of cooperating with the government. You should not cooperate until these and other aspects of your case have been carefully examined.

What else should I be aware of?

You should be aware of the law enforcement techniques the government is using or may use to investigate you. The federal government has vast investigative powers such as the power to tap your phone or search your home or place of business. It is also possible that people you know may be working as informants for the government without your knowledge.

How should I go about hiring a lawyer?

You should hire a lawyer who has significant experience defending federal criminal cases. Although it may be tempting to reach out to a trusted attorney who handled your divorce or real estate closing, this is usually a mistake. That person may be an excellent lawyer, but his or her lack of experience in federal investigations will hurt your case. Consult an experienced federal criminal lawyer immediately.