Receiving a target letter from the United States Department of Justice (DOJ) or a United States Attorney’s Office can be alarming. A federal target letter means that federal prosecutors consider you a potential defendant in an ongoing criminal investigation.
A federal target letter does not mean you have been charged with a crime, and it does not necessarily mean that you will be indicted. It does mean that the government believes substantial evidence links you to possible criminal conduct. Early representation may permit counsel to investigate the allegations, communicate with prosecutors, and advocate against charges.
What Is a Federal Target Letter?
A federal target letter is a written notification advising someone that they are a target of a federal grand jury investigation. Under DOJ Justice Manual § 9-11.151, a target is a person whom the prosecutor or grand jury believes substantial evidence links to a crime and whom the prosecutor considers a potential defendant. A letter may identify statutes under investigation, explain rights, and provide information about grand jury proceedings. It is not a finding of guilt, indictment, or arrest warrant.
DOJ Justice Manual § 9-11.151 — Advice of Rights of Grand Jury Witnesses
DOJ Criminal Resource Manual § 160 — Sample Target Letter
What Is the Difference Between a Target, Subject, and Witness?
Classification | Meaning |
Target | Prosecutors or the grand jury believe substantial evidence links the person to criminal conduct and prosecutors consider the person a potential defendant. |
Subject | The person’s conduct falls within the scope of the grand jury investigation. |
Witness | The person may have relevant information but is not necessarily suspected of criminal conduct. |
These designations can change. Prosecutors are not required to send a target letter before seeking an indictment.
Does Receiving a Federal Target Letter Mean You Will Be Indicted?
No. An indictment is a formal accusation returned by a grand jury after finding probable cause. A target letter usually comes earlier. Prosecutors may still be examining whether evidence establishes every element of an offense and whether charges are appropriate. Counsel may have an opportunity to identify weaknesses in the evidence or present information supporting a decision not to prosecute. This is sometimes called pre-indictment advocacy. This work cannot guarantee that a prosecutor will decline to indict but may present a defendant’s only chance to avoid charges.
What Should You Do After Receiving a Federal Target Letter?
1. Contact an Experienced Federal Criminal Defense Attorney
Counsel can assess the letter, identify the prosecutor and investigation, advise you about legal exposure, and communicate with the United States Attorney’s Office.
2. Do Not Speak With Federal Agents Without Legal Advice
Statements may be used as evidence. Knowingly and willfully making materially false statements in a federal matter can itself violate 18 U.S.C. § 1001, even if an individual is not under oath.
3. Preserve Documents and Electronic Evidence
Do not delete, alter, destroy, or conceal potentially relevant emails, texts, financial records, or other materials. Obstruction statutes can create separate exposure.
4. Avoid Discussing Testimony With Potential Witnesses
Attempting to influence or coordinate witness accounts may create witness-tampering or obstruction concerns. Give witness information to your attorney.
5. Evaluate Contact With Prosecutors Through Counsel
A lawyer can consider whether to seek information about the investigation, discuss its status, or make a carefully structured pre-indictment submission.
Can a Federal Criminal Defense Attorney Prevent an Indictment?
In some cases, pre-indictment advocacy can influence a charging decision and stave off an indictment. Counsel may investigate records and witness accounts, analyze offense elements, identify exculpatory evidence, and request a meeting with prosecutors. In a fraud investigation, for example, records may demonstrate legitimate business purposes or undermine an allegation of criminal intent. Whether to provide materials or make a presentation requires a careful assessment of potential risks and benefits.
Should You Agree to a Proffer Session?
A proffer session is a meeting at which an individual supplies information to prosecutors and investigators, often under a written agreement limiting the use of your statements. Sometimes called a “queen for a day” agreement or a Kastigar letter, it is not blanket immunity. The “proffer agreement” may permit prosecutors to use your statements for a limited number of purposes, including : 1) during cross examination should you later testify at trial; 2) as evidence in rebuttal against you at trial; and 3) to further additional investigations against you. False statements may carry serious consequences. Counsel should review the agreement and strategic implications before any proffer.
Can You Testify Before the Federal Grand Jury?
A target may be invited or subpoenaed to testify. Defense counsel generally cannot accompany the witness into the grand jury room, though the witness may ask to leave to consult with their attorney. The Fifth Amendment protects against compelled self-incrimination, subject to important rules and exceptions. DOJ Justice Manual § 9-11.152 addresses requests by subjects and targets to testify. The decision to testify requires individualized legal advice.
DOJ Justice Manual § 9-11.152 — Requests by Subjects and Targets to Testify
What Types of Federal Investigations Lead to Target Letters?
Common investigations involve wire or mail fraud, healthcare fraud, bank fraud, tax offenses, narcotics conspiracies, public corruption, bribery, money laundering, and other federal conspiracy offenses. The applicable statutes and evidence determine the defense strategy.
How Long After a Federal Target Letter Can You Be Indicted?
There is no universal deadline measured from the date of a target letter. An indictment may follow quickly or the investigation may continue for months or longer, depending on complexity, evidence, the number of people involved, and statutes of limitations. Counsel may inquire about timing, but prosecutors are not required to disclose it.
Federal Target Letters in Rochester, Buffalo, and Western New York
Federal investigations in Rochester and Buffalo are commonly prosecuted by the United States Attorney’s Office for the Western District of New York. The U.S. Attorney’s Office investigates and prosecutes allegations involving fraud (healthcare, wire, mail), narcotics/drug offenses, firearms, tax, public corruption, and other federal offenses. Representation during the investigative stage may provide an opportunity to assess exposure and consider pre-indictment advocacy.
Why Experience as an Assistant Federal Public Defender Matters
Attorney John J. Gilsenan has more than a decade of experience representing people accused of serious state and federal crimes. While serving as an Assistant Federal Public Defender, John frequently represented individuals respond to target letters from federal prosecutors. Navigating this process continues to be a major area of his practice and his experience provides clients with the proper foundation for evaluating federal investigations, scrutinizing the government’s evidence, and developing defense strategies.
Frequently Asked Questions About Federal Target Letters
Is a federal target letter the same as an indictment?
No. A letter describes a potential-defendant designation; an indictment is a formal criminal charge returned by a grand jury.
Can I ignore a federal target letter?
A target letter itself is not necessarily a subpoena or court order, but it should be taken seriously. A separately served subpoena may impose mandatory legal obligations.
Can federal agents arrest me after I receive a target letter?
The letter does not itself authorize an arrest. An arrest requires a separate lawful basis.
Will hiring a lawyer make me look guilty?
Seeking legal counsel is a legitimate response to possible criminal exposure and is not an admission of wrongdoing. Despite what a federal agent or prosecutor may tell you, securing experienced representation is crucial to ensuring that your rights are protected.
Can my attorney find out what evidence the government has?
An experienced federal criminal defense attorney will strive to learn as much as possible about the government’s evidence through investigation and discussions with federal prosecutors, but the government is not required to turn over any evidence.
Can I avoid charges by cooperating?
Cooperation may be considered but does not guarantee avoidance of charges and may create risks; obtain legal advice first.
What happens if prosecutors decide not to indict?
An investigation may close without charges, but a formal “declination notice” is not always provided, and circumstances may change without warning.
Speak With a Federal Criminal Defense Attorney About a Target Letter
Receiving a federal target letter is serious, but an indictment and conviction are not inevitable. The investigative stage may provide opportunities to preserve favorable evidence, challenge factual misunderstandings, and advocate against prosecution. If you have received a target letter or learned that you are a subject or target of a federal grand jury investigation, seek legal advice before speaking with investigators or prosecutors.
John J. Gilsenan’s experience as an Assistant Federal Public Defender, where he frequently represented clients during the target letter/pre-charge phase of a federal investigation, gives him an advantage when representing individuals facing serious federal criminal allegations in Rochester, Buffalo, and the surrounding Western New York communities.
This article provides general information and does not constitute legal advice. The appropriate response depends on the facts of each investigation.