Receiving a federal target letter is not a time to take matters lightly. Target letters are usually only issued when a federal prosecutor believes there is substantial evidence to tie the recipient to the commission of a federal crime. In many cases, this reflects that the federal government intends to bring charges. You need experienced counsel to help you strategize about what comes next in your case, and how you should plan to respond. If you need help understanding what a target letter usually signals in a federal criminal investigation, it is important to seek legal counsel early. Contact Joseph, Hollander & Craft.
What Is a Target Letter?
A target letter is a formal communication issued by the prosecutorial arm of the US Department of Justice, the US Attorney’s Office, also known as the United States Attorney’s Office. Each federal district has a US Attorney’s Office capable of issuing target letters in conjunction with ongoing investigations, including a federal grand jury investigation. A target letter is not an indictment, or a formal accusation of a federal crime. It is a precursor that explains that the person who receives the letter is under federal investigation.
As detailed in Section 160 of the Criminal Resource Manual, a target letter from the Department of Justice will generally:
- Advise the recipient that he or she is the target of a Grand Jury’s investigation;
- Identify the crime under investigation;
- Notify the recipient of his or her right to remain silent and to retain an attorney; and
- Caution the recipient against destruction of evidence and/or interference with the investigation.
Target vs. Subject vs. Witness
In a federal investigation, you can be classified at three different levels of legal exposure. They are:
- Target: If you are a target, you are likely to be indicted for a federal crime. Target letters are usually only issued when the federal government investigators believe they have substantial evidence linking you to a crime. Speak with a federal criminal defense attorney at once if you are a target.
- Subject: A subject is someone whose actions fall within the scope of grand jury investigation. A subject may have less evidence assembled against them than a target, but should still engage legal counsel. They may still receive a letter from the Department of Justice.
- Witness: You may receive a letter or subpoena compelling appearance before a grand jury as a witness. Witnesses can still become subjects or targets as evidence is assembled, even though they are not at immediate risk of being charged. They should still consult with a federal criminal defense attorney in advance of testimony.
What a Target Letter Usually Signals About the Government’s Case
The federal government does not issue a target letter until they have substantial evidence of the crime involved. Therefore, a target letter signifies:
The Investigation Is Likely Well Advanced
If you receive a target letter, you must be aware that the case against you has been in the works for a period of time in advance of you receiving this communication, often through work conducted by federal law enforcement and federal investigators.
Prosecutors Believe They Have Evidence
Prosecutors generally will not issue a target letter unless they are confident in the strength of their evidence. This may mean that another party is prepared to testify against you, or that a significant paper trail has been discovered, sometimes developed through criminal investigation efforts.
A Grand Jury May Already Be Involved
A grand jury is a group of 16-23 citizens assembled to assess whether or not there is probable cause to issue an indictment. The Grand Jury may already be involved in your case when you receive a target letter, with an upcoming date set for a hearing.
The Government May Be Testing for Cooperation
Receiving a target letter can at times create an opportunity for cooperation. When a subject of an investigation receives a target letter, they have the opportunity to engage counsel. This can provide a platform for those the biggest targets of the investigation to cooperate with the United States Attorney’s Office by providing information about larger targets, which may influence how federal prosecutors evaluate the case. However, how cooperation may be helpful at this stage is very fact-dependent.
Strategic Decisions After Receiving a Target Letter
The most important strategic decision you can make after receiving a target letter is selecting a federal criminal defense attorney. Do not work with an inexperienced criminal defense attorney if you are under federal investigation. Joseph, Hollander & Craft offers a team of top rated criminal defense lawyers with years of experience in federal court. With five offices spread across Kansas and Missouri, we offer the resources of a larger firm with the dedication and commitment to excellence that comes from our roots as a family business. As federal criminal defense attorneys, we may recommend strategic decisions in your case such as:
- Preserving evidence: Do not destroy or hide any evidence, including letters, messages, emails, financial records or contents of bank accounts. Doing so can induce liability for a separate federal crime under 18 U.S. Code § 1519 punishable by up to 20 years in prison.
- Preventing the creation of additional evidence: While it may be tempting to reach out to former colleagues or associates to discuss the investigation, avoid communicating about potential criminal charges with anyone other than your criminal defense attorney, as statements may later be used in criminal prosecution. We can assist in communicating through each relevant party’s attorney so you do not inadvertently create additional evidence for the case.
- Evaluating the charges: We will assess the strength of the government’s case and your defense in context of the current legal landscape and similar judicial orders in order to provide our recommendation about how you should proceed, including whether a plea agreement may be appropriate
- Preparing for a subpoena: If the letter included a subpoena we will work with you to ensure that you can provide all of the relevant documents.
- Opening negotiations with the US Attorney’s Office: Do not attempt to speak to federal prosecutors alone. Your criminal defense attorney may be able to open channels of communication to clarify the investigation against you as well as hear any offers on the table for a possible plea bargain in certain federal cases.
What May Happen Next in a Federal Investigation
The federal investigation will proceed to the next phase after receiving a target letter. Your testimony before a grand jury may be requested, and in some cases may receive target letters related to additional aspects of the investigation. You will need to preserve any and all requested documentation from a subpoena and be prepared to assert your legal rights throughout the process, particularly if federal agents request information or testimony.
Depending on how the investigation develops, prosecutors may evaluate whether to bring federal charges and which charges to bring. These decisions can carry significant legal consequences, and should be made with guidance from an experienced federal defense attorney or experienced criminal defense attorney.
In some cases, investigations involving financial activity or white collar crimes may continue for an extended period before any formal action is taken. Regardless of the timeline, individuals who receive target letters should take immediate steps to protect their position and seek appropriate legal guidance.
Federal Investigation Target Letters: Frequently Asked Questions
Does receiving a federal target letter mean I will be charged?
Charges are very likely but not necessarily guaranteed. In some cases, a putative defendant may not ultimately face charges depending on how the investigation develops. Regardless, you should retain legal counsel as soon as you receive a target letter.
Can you ignore a federal target letter?
Never ignore a federal target letter. A target letter is a warning of impending action, not an empty threat. Contact a federal criminal defense attorney immediately to evaluate how to proceed.
Should you speak with investigators after receiving a federal target letter?
You may be able to reach a resolution with federal investigators in advance of indictment through your criminal defense lawyer’s actions, such as a pre-indictment plea negotiations. It may also be possible to clarify misunderstandings or provide sufficient valuable cooperation to avoid charges altogether. However, you should never attempt to contact investigators without legal representation, or make statements without advice from a federal criminal defense lawyer.
How much time passes between a federal target letter and an indictment?
In the Western District of Missouri as well as the District of Kansas there is no fixed period of time between when a target letter is received and an indictment. However, you should contact a federal criminal defense attorney immediately as an indictment can follow within just several days or weeks afterwards.
Speak with a Federal Defense Attorney in Kansas or Missouri
If you have received a federal target letter, don’t wait to speak with an experienced criminal defense lawyer about your case. Joseph, Hollander & Craft provides skilled legal representation to clients in Kansas and Missouri. Contact us today to reserve a confidential consultation. Our offices are located in Kansas City, Topeka, Wichita, Lawrence, and Overland Park.
