If you received a letter
- Keep everything. Keep the letter and any related documents. Do not alter or discard anything connected to the investigation.
- Do not reach out yourself. Do not contact the agent or prosecutor yourself before speaking with a lawyer.
- Limit conversations. Avoid discussing the investigation with others who may be involved.
- Watch the dates. Contact a federal criminal defense lawyer about any dates or deadlines in the letter.
What a target letter means
Federal prosecutors use a grand jury to investigate possible crimes and decide whether to seek an indictment. The Justice Department’s own manual describes the people involved in an investigation in two main categories.
- Target
- A person the prosecutor or grand jury has substantial evidence linking to a crime, and whom the prosecutor considers a putative defendant.
- Subject
- A person whose conduct falls within the scope of the grand jury’s investigation.
A target letter places you in the first category. A person’s status can change as an investigation develops.
Why prosecutors send them
Department policy encourages prosecutors to notify a target a reasonable time before seeking an indictment, so that the person has an opportunity to testify before the grand jury. Notification is not required. Prosecutors can skip it in routine cases or when they believe it could jeopardize the investigation.
Receiving a letter may mean the investigation is approaching a charging decision.
A target letter may mean a charging decision is near.
What the letter usually contains
Letters vary by district and case. Many identify the investigation and the federal statutes involved, state that you are a target, describe your right not to incriminate yourself and invite you or your lawyer to contact the assigned prosecutor.
If you are subpoenaed to testify as a target or subject, Justice Department policy calls for an advice of rights. It explains the nature of the inquiry, your Fifth Amendment privilege, that your answers may be used against you and that you may consult a lawyer outside the grand jury room.
Should you speak with prosecutors?
Whether to speak with prosecutors or appear before the grand jury is one of the most consequential decisions at this stage. It depends on the evidence, your exposure and what the government already knows. Make that decision with a lawyer, not alone.
How Kaufman Legal Group can help
Jason represents people in federal matters in the Southern District of Florida. He can review the letter with you, communicate with the prosecutor on your behalf and explain the options available at this stage.
Jason Kaufman has tried more than 90 cases and is a Criminal Justice Act panel attorney in the Southern District of Florida. He works with Phil Horowitz, who has practiced criminal defense since 1985, and Victor E. Rocha, who was admitted to The Florida Bar in 1983 and speaks Spanish. Together they have more than 100 years of combined experience. The first consultation is free and confidential. Call (954) 648-8965.