7. Learn: Target Letter

Government investigations begin as soon as authorities suspect that people have violated the law. They start talking with potential witnesses, categorizing them into one of three types: witnesses, subjects, and targets.

A witness would be someone who may have information relevant to the investigation. A subject is someone whose conduct falls within the scope of the investigation. A target is someone the prosecutor considers to be a likely defendant in a criminal charge.

Investigators may start by looking at a person as a witness or a subject, yet as they learn more, prosecutors may elevate the person to a target. Once a person becomes a target, it’s likely that a criminal charge will follow. And in the federal system, prosecutors may send a target letter.

Think of a target letter as the government’s formal way of notifying someone that federal prosecutors believe they have substantial evidence linking that person to a crime. If you get a target letter, that means the Department of Justice thinks you have committed a federal offense. Prosecutors are investigating and may convene a grand jury in search of an indictment or file charges with a different instrument, like a “criminal information” or “criminal complaint.”

Knowing how to respond—and what mistakes to avoid—can dramatically influence your outcome.

What a Target Letter Means

If federal prosecutors send you a target letter, they are letting you know that you’re the focus of an investigation. These letters often identify the agency involved, cite the statute(s) you are suspected of violating, and may invite you to testify before a grand jury. They also set deadlines for responding and provide contact information for the Assistant U.S. Attorney handling the matter. It is not an indictment, but prosecutors send target letters when they believe charges are likely.

Immediate Steps to Take

Stay calm and read carefully. Receiving a target letter is stressful, but panic can lead to rash decisions. Being named a target does not guarantee an indictment, but it does signal that criminal charges—and a sentencing hearing—are likely. Start thinking about strategies and consider steps to build a mitigation plan.

Do not ignore the letter or contact agents directly. Speaking with investigators without counsel is one of the most common mistakes target-letter recipients make. Investigators are trained to elicit statements that support their case, and prosecutors will use any statement a target makes to strengthen their prosecution.

Retain an experienced federal criminal defense attorney. Federal cases are complicated. Lawyers who routinely handle state-level matters may be unfamiliar with federal procedures and sentencing. Qualified counsel can assess the government’s evidence, advise you on whether to cooperate, and negotiate with prosecutors. If you lack resources, contact the Federal Defender’s Office and submit a financial affidavit to request appointed counsel. At Prison Professors, we offer insight into how to reach out to a federal defender.

Preserve all Records

A sample target letter from the DOJ warns that destroying or altering documents required for grand-jury proceedings is itself a federal crime. Begin identifying and preserving emails, texts and physical records that might be relevant. Once you have an attorney, talk about the best way to preserve and categorize records that will make it easier for the attorney to understand the case.

Choosing the Right Attorney

Not all defense attorneys are equal. Look for someone with specific experience in federal criminal cases and knowledge of the district where the investigation is based. Hiring a lawyer from another state can backfire if they aren’t familiar with local federal judges and prosecutors. During your consultation, ask about their federal trial experience, approach to plea negotiations, and fee structure. If you cannot afford to retain private counsel, the federal court will appoint a Federal Public Defender.

Things You Should Never Do

Don’t destroy or alter evidence. The DOJ’s sample letter makes clear that altering documents required before the grand jury is a serious violation of federal law. Deleting emails or scrubbing hard drives can add obstruction charges.

Don’t talk about the investigation with friends. Limit discussions to your attorney. Even casual conversations can be subpoenaed and misconstrued.

Don’t assume you can “talk your way out.” Investigators already have evidence and will use statements you make to strengthen their case. All communication should go through your lawyer.

Prepare Early for Sentencing and Mitigation

In most instances, a target letter leads to a conviction and a sentencing hearing. While an indictment isn’t guaranteed, it’s wise to plan for your personal narrative and architect a comprehensive mitigation strategy. Read through our website to get free information on steps to prepare, including:

Journaling and personal narrative: Write about your background, remorse and rehabilitation efforts; your story can influence prosecutors and judges.

Community service and treatment programs: Enrolling in counseling, substance-abuse treatment or volunteer work shows proactive rehabilitation.

Gathering character reference letters: Family, employers and community leaders can write letters attesting to your character and positive contributions.

Our site offers free courses, articles and checklists to help you prepare for every stage of the criminal process. Take advantage of these resources early so you’re ready if charges are filed.

Key Takeaways

• A target letter means federal prosecutors believe they have substantial evidence linking you to a crime.
• Stay calm, don’t ignore the letter, and don’t speak to investigators without an attorney.
• Hire a qualified federal defense lawyer or seek a Federal Public Defender if you cannot afford counsel.
• Preserve all documents, and accept that destroying or altering evidence can be a separate crime.

If you have a question about your situation that these lessons don’t answer, email our team at team@prisonprofessors.org. We may be able to direct you to free resources you can use. Or participate in our interactive webinars.