Federal Target Letters
Ignoring a federal target letter is done at one’s peril.
A federal target letter is issued by federal prosecutors to individuals under criminal investigation and puts them on notice that the federal government is investigating them for violations of federal law.
Federal target letters are most commonly issued in white collar crimes and are usually the last step a prosecutor takes before seeking an indictment against the target of the federal criminal investigation.
What Does it Mean to be a Target of a Federal Investigation?
A “target” is defined by the U.S. Attorneys' Manual as a person whom the prosecutor “has substantial evidence linking” to the commission of a federal crime. [1]
A target of a federal investigation differs from a “subject” of a federal criminal investigation in that a subject is usually considered to be a witness to a federal crime. However, as facts develop and evidence is gathered, a subject of a federal criminal investigation can become a target of a federal criminal investigation very quickly.
What Should I do if I receive a Federal Target Letter?
Because a target letter is usually the last step a prosecutor takes before indicting a suspect, a person who receives a federal target letter should immediately contact a federal criminal defense attorney to respond to the target letter.
Responding appropriately to a federal target letter is one of the few opportunities a target of a federal criminal investigation has to present mitigating information, convince a prosecutor to forego an indictment, or negotiate a plea agreement that avoids an Indictment and the issuance of an arrest warrant.
How Can an Attorney Respond to a Target Letter?
Generally, a federal criminal defense attorney will immediately contact the Assistant United States Attorney overseeing the investigation to determine the nature of the evidence against a target and the reason the government is focusing on a particular target.
After obtaining an understanding of the government’s case, a federal criminal defense attorney will have an in-depth discussion with the client about the nature of the government’s investigation and the options available to avoid being indicted or resolve the case.
Conduct a Proffer Meeting
One of the most common responses to a federal target letter is to schedule a proffer meeting with the Assistant United States Attorney and the lead criminal investigator overseeing the investigation.
A proffer is essentially a debriefing conducted by the prosecutor and investigators overseeing the investigation where the target provides full disclosure of the conduct that the government believes constitutes the federal crimes, explains the underlying motivations for engaging in the conduct, and presents any mitigating information. Proffers are the one opportunity a target has to show the government that the target’s conduct, while questionable, was not in fact criminal.
A successful proffer meeting can result in the government discontinuing their criminal investigation, focusing their criminal investigation on more culpable individuals, declining to seek an indictment, or extending a favorable plea bargain in lieu of presenting their case to a Grand Jury.
Proffer Immunity
Generally, a target will be afforded limited immunity during the proffer, meaning that as long as they are completely truthful during the proffer, nothing they say in the proffer can be used against them at trial should a resolution not be reached.
However, if a person were to testify differently than what they revealed during the proffer, a person can be impeached with the prior inconsistent statement and the person could separately be prosecuted for perjury or providing false information.
Request to Testify Before the Grand Jury
If a target believes they are completely innocent and is unable to convince the prosecutor to discontinue the federal criminal investigation or decline to seek an indictment, the only remaining option would be to request to testify before the Grand Jury and convince the Grand jury of their innocence.
While there is no right to testify before a Grand Jury, the policy of the United States Attorney is to allow a target to testify before a Grand Jury if requested unless the testimony would cause undue delay of the federal criminal investigation or confuse the Grand Jury.
A more difficult option is to request that the Grand Jury take testimony from specific witnesses or accept mitigating discovery from the target for the Grand Jury’s consideration. This decision is usually left up to the members of the Grand Jury, but is almost never considered unless the target testifies before the Grand Jury and makes the request in person.
Ignore the Federal Target Letter
One of the worst decisions a target of a federal criminal investigation can make is to ignore a federal target letter.
Ignoring a federal target letter is done at one’s peril and often results in the prosecution asking a Grand Jury to indict a target on multiple federal charges that span the entire range of a target’s alleged criminal activity and for the most serious federal crimes that could be charged.
Because most federal criminal cases result in convictions, being indicted for multiple serious crimes can lead to an inflated recommended prison sentence under the Federal Sentencing Guidelines. Whereas if the target had responded to the target letter and engaged in good faith negotiations with the prosecution, the target would likely not be indicted for multiple charges or the most serious charges.
Contact Federal Criminal Defense Lawyer Richard Hornsby
If you have received a Federal Target Letter in Central Florida or the Greater Orlando area, contact Federal Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.