What is a Target Letter?

If you have received a target letter, you are under federal criminal investigation. The letter is typically sent by the United States Attorney’s Office or the Department of Justice and is a formal notification that you are the target of an investigation. If you receive a target letter, you will usually be asked to do something. The letter may instruct you to testify before a grand jury or advise you to hire an attorney and contact the Assistant US Attorney to discuss the case. It’s important to carefully follow the instructions in the letter and seek legal advice as soon as possible.

How is a Target Letter Delivered?

Federal prosecutors will typically send a target letter via certified mail or by having a federal agent personally deliver it to you. If the letter is sent via certified mail, the mail carrier will require a signature from the recipient before delivering the letter. If a federal law enforcement agent delivers the letter, the agent will usually deliver the letter in person and may ask you to sign a receipt.

Why Do Prosecutors Send Target Letters?

The letter is intended to inform you that the government believes it has enough evidence to support a criminal charge against you. The letter will usually state the nature of the investigation and the potential charges that may be brought against you. In addition, it will request that you or your attorney contact the prosecutor. Although they are not required to send them, target letters can be an effective tool for encouraging the target to cooperate with the investigation or to retain legal representation. By providing notice of the investigation, the target has an opportunity to consult with an attorney and prepare a defense if they are not interested in cooperating.

What Does a Target Letter Look Like?

Here is a sample of what a target letter looks like:

target letter

What is the Difference Between a Target and a Subject?

A “target” is a person who is believed by the federal government to have committed a federal crime and who is the focus of an active federal grand jury investigation. A target is expected to be indicted or charged with a crime based on the evidence gathered by the federal government during the investigation.

On the other hand, a “subject” is a person who is involved in a federal grand jury investigation but is not necessarily the primary focus of the federal investigation. They are being investigated for possible criminal activity, but there is not yet enough evidence to support the conclusion that the person committed a crime.

The distinction between a target and a subject is one of degree. A target is someone who is believed to be more likely to be charged with a crime, while a subject is someone who is being investigated but may or may not ultimately face charges.

In What Types of Crimes do Prosecutors Send Target Letters?

While target letters are often associated with non-violent crimes such as fraud, embezzlement, and public corruption, they are not limited to cases involving white collar crime and can be used in federal investigations related to a wide range of criminal activities, including violent crimes and drug offenses.

Target letters can be used in any investigation where the government believes that an individual is a target of the investigation and may be charged with a federal offense. The decision to issue a target letter is generally made on a case-by-case basis, considering factors such as the seriousness of the offense, the strength of the evidence against the target, and the likelihood of obtaining a conviction.

Do Prosecutors Always Send Target Letters?

While target letters are commonly used in federal investigations, they are not the only way the government can initiate criminal charges. In some cases, the government may investigate without informing the target of the investigation, and they may decide to proceed with an arrest or indictment without first providing notice. This is more likely to happen in cases where there is a concern that the target may flee, destroy evidence, warn other targets of the federal investigation’s existence, or if there is a risk of harm to others.

Target Letter vs. Indictment

Consequently, if you don’t receive a target letter, it doesn’t necessarily mean you are not the subject of an investigation. If you believe that you may be under investigation or have reason to suspect that you may be charged with a crime, it is important to seek legal counsel as soon as possible. An experienced federal criminal defense lawyer can help you understand your legal rights and options and work to protect your interests throughout the investigation and any subsequent legal proceedings.

What Should I Do if I Receive a Federal Target Letter?

If you receive a federal target letter in a federal criminal investigation, there are certain things that you should do and certain things that you should not do. Here are some things you should do:

  1. Contact an attorney experienced in federal court: One of the most important things you can do if you receive a target letter is to contact an experienced federal criminal defense lawyer as soon as possible. A qualified attorney can help you understand your rights, advise you on how to respond to the letter, and work to protect your interests throughout the investigation.
  2. Remain calm and don’t panic: Receiving a target letter can be a frightening and stressful experience, but it is important to remain calm and avoid panicking. Remember that a target letter does not necessarily mean that you will face criminal prosecution and that an experienced lawyer can help you navigate the investigation and work to protect your interests.
  3. Follow the instructions in the letter: The target letter will provide instructions on responding to the prosecutor. It is important to carefully follow these instructions, which may include contacting the prosecutor’s office by a certain date to arrange for an interview.

What Not to Do if You Receive a Target Letter

Just like there are things you should do when you receive a target letter, there are also things you should not do:

  1. Do not speak to law enforcement or the United States Attorneys Office without an attorney present: If a federal investigator or federal prosecutor contacts you, it is important to exercise your Fifth Amendment rights and decline to speak with them until you have an attorney present. Anything you say can be used against you in court, so it is essential to have an attorney to advise you on how to proceed.
  2. Do not destroy or alter evidence: It is illegal to destroy or alter evidence in an investigation, and doing so can lead to additional charges and penalties. It is important to preserve all relevant documents, emails, and other evidence and to consult with an attorney before taking any action.
  3. Do not discuss the investigation with anyone other than your attorney: It is important to maintain confidentiality and avoid discussing the investigation with anyone other than your attorney. This includes friends, family members, and coworkers. Discussing the investigation with others can compromise your defense and potentially harm your case.

How Will an Attorney Respond to a Target Letter?

If you receive a target letter, you must seek legal representation immediately. You should hire an experienced federal criminal defense lawyer who can explain the investigation to you, advise you on your legal rights and options during the investigation, and protect your interests at all times.

Here are some of the ways that an attorney may respond to a target letter:

  1. Contact the investigating agency: Your attorney may contact the investigating agent or Assistant United States Attorney to determine the nature of the federal investigation and the potential charges that may be brought against you and to gather information about the evidence the government has against you.
  2. Lobby the government not to file charges against you: If your attorney believes the government doesn’t have enough evidence to prosecute you, they may try to persuade the prosecutor not to prosecute you.
  3. Investigate the facts: To build a defense strategy, your attorney will likely conduct a thorough investigation of the facts surrounding the alleged offense, including interviewing witnesses and reviewing evidence.
  4. Negotiate with the government: Your attorney may negotiate with the government if there is substantial evidence to support a federal criminal case against you, leading to a reduced sentence or other favorable terms.
  5. Investigate the facts: To build a defense strategy, your attorney will likely conduct a thorough investigation of the facts surrounding the alleged offense, including interviewing witnesses and reviewing evidence.
  6. Build a defense: Your attorney will fight for your rights if the government decides to proceed with the case, which may include filing motions to suppress evidence, challenging the government’s argument, and challenging the government’s case.
  7. Protect your rights: Your attorney will protect your legal rights throughout the investigation and legal proceedings, including your right to due process, your right to remain silent, and your right to a fair trial.

Every case is unique, and your attorney’s strategy and tactics will depend on the facts and circumstances of your case. Working closely with an experienced federal criminal defense lawyer, however, can increase your chances of protecting your legal rights and securing a favorable outcome.

Contact Us Today

It can be a daunting experience to receive a target letter, but an experienced criminal defense lawyer can help you navigate the investigation and protect your legal rights. Having an experienced federal defense attorney by your side can provide you with valuable insight into the investigation, legal advice, and assistance in responding to the target letter. If you receive a target letter, you must take it seriously and seek legal counsel immediately. Target letters strongly indicate that the government has already gathered significant evidence against you and is actively pursuing a criminal case against you.

CALL OUR LAW FIRM IMMEDIATELY for a CONFIDENTIAL CONSULTATION at (305) 538-4545,  or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist our law office in responding to your inquiry.

*Due to the large number of people who contact our law office when facing federal charges, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

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