What To Do First If You Get A Target Letter
People often speculate and some will even joke that they are the target of a federal investigation. However, receiving a target letter stating you are indeed being investigated is no laughing matter. A target letter can confirm your worst suspicions so you should take it very seriously. If you have recently received a target letter, here are some actions you should take.
#1. Understand how Target Letters Work
What is a target letter? Basically a target letter is an official documents sent from a United States attorney letting you know you are the target of an investigation. The letter may also ask you to come in and “proffer” or cooperate with authorities in exchange for protection. This could be in the way of an interview, providing testimony to a grand jury, or turning over certain other evidence.
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(212) 300-5196In sending a target letter, prosecutors hope to scare you into taking action. Many times, the thought of doing prison time is enough to make people squeal-particularly if they believe they are also being protected in the process. The truth is that anything you say can and will be used against you in a court of law, which is why you should never speak to the authorities without legal counsel present.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You open your mailbox and find an official letter from the U.S. Attorney's Office stating that you are a 'target' of a federal grand jury investigation into healthcare billing fraud at the medical practice where you served as office manager. The letter requests that you appear for an interview and warns that you have the right to assert your Fifth Amendment privilege against self-incrimination.
Should I respond to the target letter myself, ignore it, or immediately contact an attorney before doing anything else?
Do not respond to the target letter on your own and do not ignore it — contact an experienced federal criminal defense attorney immediately. Under the DOJ's U.S. Attorneys' Manual § 9-11.151, prosecutors send target letters to individuals they have substantial evidence against, meaning you are likely facing a grand jury indictment. Your attorney can negotiate the terms of any voluntary appearance, advise you on invoking your Fifth Amendment rights, and potentially engage in pre-indictment discussions with the prosecutor that could influence whether charges are ultimately filed. Time is critical because anything you say or do after receiving the letter — including destroying documents or contacting witnesses — could expose you to additional charges of obstruction of justice under 18 U.S.C. § 1503.
This is general information only. Contact us for advice specific to your situation.
