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Counsel’s notes · Filed under

Grand Jury & Target Letters

  • Target Letter or Subpoena: What Each One Signals

    A target letter from the U.S. Department of Justice (DOJ) or the U.S. Attorney’s Office says, “You are the target of a federal grand jury investigation.” You are a potential defendant. However, unlike a…

  • Target Letter in a Child Exploitation Case: What It Means and the Window You Have

    A target letter is a letter issued by the DOJ to an individual or company informing them that they are considered a target of an investigation. In a child exploitation case, receiving a target…

  • Answering a Target Letter on Your Own: The Risks

    According to the Department of Justice’s Justice Manual, a “target” is defined as: a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission…

  • Served With a Grand Jury Subpoena: What Comes Next

    If you have been served a federal grand jury subpoena, this does not necessarily mean that you are a target of the investigation or that criminal charges will be filed against you. At this…

  • First Moves After an FBI Target Letter Lands

    1. Do Not Call the DOJ or FBI 2. Preserve Documents and Electronic Devices 3. Stop Speaking About Your Case 4. Retain Experienced Counsel Immediately 5. Do Not Volunteer Information 6. Decline to Discuss…

  • Challenging a Grand Jury Subpoena in Federal Court

    Rule 17(c)(2) states: “The court may quash or modify the subpoena if compliance would be unreasonable or oppressive.” Although this is the clear language of the Federal Rules of Criminal Procedure (which apply in…

  • Preparing to Testify Before a Federal Grand Jury

    1. Acknowledge That Every Answer Can Shift Your Status from “Witness” to “Target” 2. Understand That A Grand Jury Decides Probable Cause Rather Than Guilt 3. Understand That Probable Cause Is a Substantially Lower…

  • The Wait Between a Target Letter and an Indictment

    No federal statute sets a deadline for the government to file an indictment after sending a target letter. A target letter can precede an indictment by days, weeks, or months. A target letter is…

  • Document Subpoenas: How Much You Actually Have to Turn Over

    A grand jury subpoena duces tecum is the document-production form of a federal grand jury subpoena. Along with your testimony, a grand jury subpoena duces tecum will require you to produce certain materials. Along…

  • What You May Repeat About Grand Jury Proceedings

    Federal Rule of Criminal Procedure 6(e) does not specify a set duration for grand-jury secrecy. Rule 6(e) sets no expiration date on the secrecy obligation, and secrecy does not lapse simply because the grand…

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