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FAQ

  • Federal Crimes

    • What is a target letter?

      A target letter is a formal notice from a federal prosecutor informing you that you are the target of a federal grand jury investigation for possible violations of federal law, particularly in “white-collar” cases. It will often state which statutes the recipient is believed to be in violation of and that the U.S. government is considering charging you with a federal crime. Typically, there will be an invitation to appear at the grand jury to testify or meet with the federal prosecutor to discuss the charges against you and possibly negotiate a plea agreement prior to indictment.

    • What should I do if I receive a target letter?

      If you receive a target letter, the most important thing to do is to consult with a criminal defense attorney experienced in federal criminal law as soon as possible. Do not ignore the letter or attempt to respond without legal advice. In most cases, the target letter will encourage a recipient to do that, to hire an attorney before meeting with the prosecutor.

    • Does receiving a target letter mean I will be indicted?
      No, receiving a target letter does not guarantee that you will be arrested or indicted, but the risk is very high. While a target letter indicates that the government believes it has evidence linking you to a crime, it is possible that you can be reclassified as a witness or have the case against them closed with the assistance of their attorney. This is why your first priority should be to get legal help immediately.
    • Can I refuse to cooperate after receiving a target letter?

      Yes, you have the right to refuse to cooperate with the grand jury and/or the federal prosecutor. This decision should only be made after consultation with your attorney. In some cases, cooperation may be beneficial to you as a means to avoid indictment, to secure a favorable plea agreement, to avoid jail time or receive immunity. In other cases, cooperation would be a detriment to your defense.

      If you elect to speak before a federal grand jury, you would be required to explicitly waive your 5th Amendment privilege against self-incrimination and consent to full examination under oath. These responses would be on the record and used in any future prosecutions against you.

    • How should I respond to a target letter?

      You should respond to a target letter by first consulting with an experienced federal criminal attorney. They will guide you on the appropriate steps to take. This would include the attorney contacting the prosecutor's office and discussing the possibility of negotiating or cooperating with the federal grand jury.

    • Can I negotiate with the prosecutor without an attorney?

      This is foolish. Any information you divulge to federal prosecutors and law enforcement can and will be used against you in future criminal proceedings. An important value of a criminal attorney is in insulating you from the investigation as much as possible and negotiating a favorable resolution. Without an attorney representing you in these negotiations, there is no guarantee that any promises of immunity will be upheld or that any information you provide will be leveraged to your benefit.

    • How long do I have to respond to a target letter?

      The timeframe for responding to a target letter can vary. Department of Justice guidelines encourage federal prosecutors to notify targeted individuals a “reasonable” amount of time before an indictment in order to give you an opportunity to cooperate. It will be a deadline from the date of the target letter (usually less than 30 days), and other times it will be a specific date. No matter how far away the deadline is, it is advisable to act quickly in seeking legal assistance as delaying can negatively affect your situation by limiting your options.

    • What happens if I ignore a target letter?

      Ignoring a target letter can lead to severe consequences for you, including an increased likelihood of indictment and arrest. It may also result in a loss of opportunity to negotiate a favorable outcome such as immunity or a reduced sentence. This problem will not go away without high-quality legal help.

    • Are they required to send me a target letter in order to indict me?

      No, a target letter is not required in order to indict an individual in federal court. While a target letter is often used to coax you to cooperate, it is not essential. A prosecutor can forego a target letter if they believe notification of pending charges would be detrimental to the investigation or prosecution of the case, such as the destruction of evidence, endangering witnesses, or the potential for flight.

    • How is a target letter delivered?

      A target letter is typically sent via certified mail or is hand delivered by a federal law enforcement agent, such as the FBI or ATF.

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