If you received a target letter from the U.S. Department of Justice, you need a lawyer immediately — no question about it. And you need a lawyer who has experience working through the federal court system.
A target letter is sent by the U.S. Department of Justice — typically at the request of an Assistant U.S. Attorney, though sometimes by the U.S. Attorney himself or herself — to warn the target of an ongoing criminal investigation.
If you receive a target letter, it means federal prosecutors believe you have committed a crime, and they are gathering evidence against you to that effect. Prosecutors typically only send target letters when they believe they have “substantial evidence” linking a person to a criminal act, and the sending of a target letter generally comes before a person is indicted by a federal Grand Jury or otherwise charged.
In some cases, target letters are also sent to witnesses in Grand Jury investigations, and are required to testify before the Grand Jury and bring with them documents, records and/or other materials. Witnesses may or may not be accused of a crime at a later date — so, they should treat a target letter as an indication that prosecutors feel they’ve committed some kind of criminal wrongdoing.
The sooner you retain a competent lawyer during the pre-indictment process, the better off you will be. Hopefully, your lawyer can guide you through the grand jury process, can negotiate with federal prosecutors early on and can get the investigation either closed or focused on the proper things that will benefit you.
What does a target letter look like?
A target letter is typically sent by the Assistant U.S. Attorney employed by the U.S. Department of Justice, the law enforcement arm of the federal government. People who receive target letters are those whom the federal government believes committed some kind of wrongdoing, usually a criminal act.
What should I do if I receive a target letter?
Recipients of federal target letters should always consult with an retain an attorney, to ensure they are properly defended against allegations of criminal wrongdoing.
If you receive a target letter, do not contact the U.S. Attorney’s Office or any federal law enforcement agent on your own — always let a competent criminal defense attorney contact those parties and others on your behalf. Remember: Anything you say to a law enforcement officer or prosecutor can, and probably will, be used against you in a criminal proceeding.
Before and after you retain an attorney, you should not discuss the legal investigation or criminal case with anyone else. Not your spouse, not your boss — not even your mom. The more you say without your attorney present, the more you risk having something you’ve said used against you in court.
If I receive a target letter, will I be charged with a crime?
It depends. Prosecutors typically send target letters to individuals who are suspected of some kind of criminal wrongdoing. They may be suspected of committing a crime themselves, or helping someone else commit a crime. Sometimes, prosecutors send target letters to people who may have been helped another person commit a crime — even when those people didn’t fully understand what they were doing, or were aware that they were helping another person do something wrong. It also isn’t unheard of for prosecutors to send target letters to people who have done absolutely nothing wrong.
A target letter can be sent at any stage of an investigation, even when a law enforcement agency like the Federal Bureau of Investigation (FBI), Customs and Border Patrol (CBP), Immigration and Customs Enforcement (ICE) or another office is still developing a case. It is usually the first step toward a grand jury investigation and subsequent indictment.
Citizens can be investigated for months, even years, and never know it. If a grand jury is investigating you, and prosecutors are considering bringing you in before the grand jury to “explain some things,” it is the policy of the U.S. Department of Justice to advise you of your rights if you are a target or subject of a grand jury investigation.
That said, recipients of target letters are not always charged with crimes. Occasionally, a law enforcement agency closes an investigation without recommending charges. Prosecutors also have wide discretion in pursuing criminal cases against people — and, sometimes, they choose not to bring criminal charges at all. Every circumstance is different — and your circumstances may warrant no prosecution.
The sooner you retain a competent lawyer during the pre-indictment process, the better off you will be. Your lawyer can guide you through the law enforcement investigation and grand jury processes, can negotiate with federal prosecutors early on and might be able to get the investigation closed or focused on certain things that could benefit you.
Received a target letter? Contact Mark Reichel today.
Mark Reichel has extensive experience dealing with federal law enforcement agencies, federal prosecutors and complex criminal cases. Click or tap here to contact the Law Office of Mark Reichel for a free consultation.