Introduction: What Is A Target Letter?

Federal investigations are complex, time-consuming, and often a cause of great anxiety for the individuals involved. The government has a variety of tools in its arsenal to gather preliminary evidence about an individual. One of these tools is called the target letter. A target letter is a written request for the recipient to perform some action such as testify before a grand jury or have a meeting with an Assistant U.S. Attorney.

Target letters contain basic information including the alleged crime, the federal statutes alleged to have been violated by the individual’s conduct, the right to assert certain constitutional rights, and important deadlines. They are a means of letting the recipient know that they are the target of an investigation by the federal government. In other words, the prosecutor or federal agent has reason to believe that the individual has committed some type of crime. The government will likely bring civil or criminal charges against the individual.

If you have received a target letter, it is important that you understand what it is and how to promptly respond. Failure to respond to a federal target letter—including all listed deadlines—can lead to severe penalties. Receipt of a federal target letter should alert the individual to immediately retain the legal services of a defense attorney.

Which Government Entities Can Send A Target Letter?

Target letters are sent by the U.S. Attorney’s Offices of the Department of Justice (“DOJ”). They are issued to targets and subjects of a grand jury investigation and signal to the recipient that the government may charge them for a crime. As a part of their pending investigation, the U.S. Attorney’s Office will send a target letter where there is sufficient evidence for the government to initiate criminal charges. Other agencies may also issue target letters regarding the conduct being investigated by the U.S. Attorney’s Offices. Examples of these agencies include the Internal Revenue Service (“IRS”); the Consumer Financial Protection Bureau (“CFPB”); the Drug Enforcement Administration (“DEA”); the Department of Homeland Security (“DHS”); or the Securities and Exchange Commission (“SEC”).

Letters issued by these agencies are different from those issued by the U.S. Attorney’s Office in that a grand jury indictment may not always occur. However, they are similar in that the recipient is considered at risk of an ongoing federal law enforcement investigation as well as at risk for substantial penalties, fines, and reputational harm.

What Is the Difference Between a “Witness” versus “Subject” versus “Target” of a Federal Investigation?

Federal investigations will often not specify whether the individual, company, or entity under investigation is a target, a subject, or a mere witness to the alleged crime. This can make it difficult to gauge your role in the investigation. Therefore, it is important to not only secure a defense attorney as soon as possible but also to understand the difference between a witness, subject, and target of a federal law enforcement investigation. A “witness” is called to assist the government in its investigation by providing information that the witness is aware of or has in their possession—to the extent that such information does not contravene their constitutional privileges. The government does not generally charge witnesses for crimes. A “subject” was involved in conduct that the government has reason to believe falls within the scope of the investigation by the grand jury. Subjects are more connected to the crime and may be charged by the government. A “target” is linked to substantial evidence identified by the government that connects the individual to the commission of the crime. Targets should proceed with utmost caution—mainly by hiring a defense attorney as soon as possible—as an indictment is highly likely.

How to Respond After Receiving A Target Letter

After receiving a target letter, it is critical that you take immediate action in your defense. Below are tips on how to respond after receiving a target letter:

• Retain the legal services of an experienced federal defense attorney. Before proceeding, it is critical to hire a defense attorney. An attorney can guide you through the federal investigative process, communicate with federal agencies on your behalf, and start proactively preparing your defense. Your attorney should have ample experience in criminal defense, federal grand jury investigations, and federal court proceedings.
• Pay attention to the words of the target letter. Sometimes the target letter will give clues that may allow your attorney to ascertain your role in the federal government’s investigation. The target letter will also contain important information such as required deadlines for which you must comply, federal statutes that you are alleged to have violated, and relevant warnings such as prohibitions on destroying evidence.
• Follow all deadlines regarding document production and dates for which you are required to give testimony. Grand jury subpoenas will contain certain information such as document production that you must submit or that you are required to bring with you. The subpoena will also mention when, where, and what time you must be present to give testimony.
• Start thinking about the types of evidence that you possess or that can be gathered to assist with your defense. Never destroy evidence that you believe may hurt your case. This is an obstruction of justice and can lead to more criminal charges. Act proactively with your attorney. Begin accumulating documentation that you believe would be needed by your attorney to prepare your defense strategy.
• Do not speak with anyone regarding the status of your case, except your attorney. This may sound obvious, but it is crucial that you understand not to divulge any information about your case. This includes the federal agents handling your case, law enforcement officers, your co-workers, friends via social media, etc. Every statement you make can and will be used against you. Federal agents will manipulate this to the fullest extent. Always ensure that you communicate with third parties about your case in the presence of your attorney.
• Ask questions to ensure you are aware of what to expect. Your attorney is there to help you, including by answering all questions you may have regarding the investigation and grand jury proceeding. If you are a witness and called to testify before the grand jury, make sure you understand what will take place and how to react. While you are not allowed to have your attorney with you during the grand jury proceeding (aside from the opportunity to speak with your attorney away from the grand jury), it is vital that you understand what will happen, the process, and how to act. Your attorney will help you prepare what you need to say and how to respond.

“Receiving a target letter from the federal government can be a daunting experience, especially where you do not know your role in the investigation. Clearly understanding the details of your target letter and what is required of you can make a significant difference. The best way to understand the contents of your target letter is to retain a federal defense attorney who can help you avoid criminal charges, negotiate with the government to resolve any allegations, and prepare an individualized defense strategy.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.

Conclusion

Target letters are important tools used by the federal government in its initial efforts to investigate and prosecute an individual. Various details such as the alleged crime(s), statutes that have been violated, constitutional rights, warnings, and deadlines are included within the contents of the letter. These letters inform the recipient that an investigation is underway and that criminal charges are highly likely to follow. If you have received a federal target letter, understanding how to respond is critical for your defense. Retaining the services of an experienced federal defense attorney should be the first step undertaken to guard against possible charges, avoid or reduce penalties, and protect your reputation.