I have received a letter from the United States telling me I’m under investigation. What should I do?

| by Max Soni

Last Updated on: 30th August 2023, 05:16 pm

Have you or someone you care about received a target letter from federal law enforcement? If so, some of the information below might be helpful to you. This isn’t a substitute for legal advice. It’s a good start though. Target letters are a way by which the federal government tells individuals they are a target for criminal prosecution. It means the prosecutor assigned to the case believes you’ve committed a crime. This is good time to hire a federal defense lawyer. This letter might come after federal agents have tried to interview you, or it might come out of the blue.

This is used frequently in white collar cases, and it’s the first indication you’re under investigation.

The US Attorney’s Manual defines someone as a target, when there is substantial evidence. The target letter will notify you about a number of things, such as:

• informing you that you are a target in a federal grand jury investigation
• the crime, or crimes, you are suspected of committing
• your right to assert the Fifth Amendment
• information for getting a court-appointed lawyer

The target letter will caution you against destroying any evidence, such as acts which could be understood as obstruction of justice, and may even encourage you to reach out to the prosecutor assigned to your case to discuss the case. These letters typically follow a standardized format.

If you received a target letter, it doesn’t necessarily mean you are going to be indicted. 

Prosecutors are not always able to gather sufficient evidence to indict targets of investigations. In some cases, your federal criminal defense attorney will be able to persuade the prosecutor to close the investigation, or reclassify you as a witness. This will depend on the facts of your case. In most circumstances the government isn’t required to issue target letter. In fact, they aren’t as common as you think. Most of the time – the government doesn’t want the target of an investigation to know their status – because then the target the might be more likely to obstruct justice or flee.

Here are some suggestions on what you should do after getting a federal target letter

Retain a Federal Attorney

The first and most important step after you get a federal target letter is to hire an experienced federal defense attorney. Do not speak to any investigator, regardless of how nice they look – without your attorney present. As they say on TV, anything you say can and will be used against you in a court of law. Your federal lawyer will guide you through the entire investigation process, offer advice on responding, and most importantly – negotiate with prosecutors on your behalf. Your federal attorney is responsible for helping you make sure you don’t make any mistakes – in addition to preventing you from incriminating yourself.

Do Not Tamper or Destroy Evidence

Destroying evidence, or tampering with evidence, connected to an investigation can lead to additional charges. This is something Prosecutors take very seriously. You should keep all documents, electronic devices, and anything else that might be relevant to the investigation – and make sure you don’t tamper with it. Your federal defense attorney will review all of these items and may use them in your defense at a later point and time.

Understand the Investigation

Work with your criminal defense lawyer and try to understand what the investigation is about. Understanding the full scope of the investigation help you prepare a targeted defense strategy. Are you the main target of the investigation, or a witness character? What statutes are involved? All of these questions and more will be answered by your criminal defense attorney – whose job it is to help you.

Cooperate Within Limits

It’s very tempting to try to clear your name immediately, it’s important to remember that you’re not obligated to speak with federal investigators without your attorney. If you make any mistakes, the federal prosecutors and investigators are likely going to use it against you. Let your attorney handle any interactions with law enforcement to ensure you’re protected.

Finances Matter

Legal battles are usually long and costly. Very few legal cases are solved overnight. It takes time. As a result, it’s important to consider your finances – make sure to arrange your finances and get them in order. It’s a good idea to set aside funds for legal fees and other expenses, such as the cost of experts.

Exercise Your Rights

As the person who is the subject of an investigation, you have constitutional rights that must be respected by law enforcement. These rights include the right to remain silent, the right to be free from unreasonable searches and seizures, and the right to an attorney. Make sure you understand your rights. Do not let law enforcement agents convince you that you don’t have rights, or let them bend it. In situations like this, having a criminal defense attorney is the right way to proceed.

Be Proactive, Not Reactive

Don’t just wait for things to happen when it comes to your federal defense case. You must be proactive, and take a forceful approach to resolving your issues. Through your criminal defense lawyer, you will be able to find out more about the case against you. Working hand in hand with your criminal attorney will allow you to make a plea deal or alternative resolution before charges are formally filed. Being proactive allows you more control over the situation.