Receiving a target letter is not the same as facing formal charges. However, it shows that federal prosecutors consider you a putative defendant, meaning someone they may seek to charge, and believe substantial evidence connects you to the crime under investigation.
What does being a federal target mean?
The Department of Justice separates a target from a subject or witness. Under DOJ guidelines, a person becomes a target when prosecutors or the grand jury have substantial evidence connecting that person to a crime and prosecutors regard the person as a putative defendant.
The letter may describe the actions under investigation or list possible federal crimes. Target status is serious because prosecutors may be deciding whether to seek an indictment from a grand jury.
What should you do after receiving a target letter?
Because statements and records can affect a federal case, several immediate steps can help you avoid added problems:
- Avoid discussing the case with federal agents before getting legal guidance.
- Preserve emails, texts, financial records and other documents tied to the matter.
- Review the letter for possible charges, deadlines or requests.
- Contact a federal criminal defense attorney early to understand the letter and the possible charges under review.
Each step can affect how you respond as the investigation moves forward.
Why statements and documents matter
Anything you say to investigators may later be used against you. Federal law can also make it a crime to knowingly and willfully give a false statement that matters to a federal investigation.
Destroying, changing or hiding records with the intent to interfere with a federal investigation may also violate federal law. Keeping records intact can help avoid questions about whether evidence was changed or discarded.
The investigation may continue while prosecutors decide what action, if any, to take.
What could happen next?
A target letter does not guarantee that prosecutors will file charges. They may gather more evidence, ask for testimony or decide whether to seek an indictment.
If prosecutors ask you to testify before the grand jury, you have a Fifth Amendment right not to give answers that could incriminate you. However, the government may require you to testify if it obtains a court order granting immunity.
Legal review can clarify what the government is investigating
A target letter may give only part of the government’s view of the case. Legal counsel can review the letter, identify what it does not explain and speak with prosecutors when appropriate. This can clarify the possible charges, the government’s concerns and what may happen next.
