Federal Rule of Criminal Procedure 6(e) governs the confidentiality of proceedings conducted by the federal grand jury, which, in part, provides that “matters occurring before the grand jury shall be kept secret.” This is…
Grand jury subpoenas commonly gather evidence in federal investigations before prosecutors file criminal charges. These subpoenas present the broadest investigative power available to federal prosecutors. They are used to gather documents, testimony, digital evidence,…
Are You Indicted or Charged with a Federal Crime? Is the Department of Justice Using You as a Target, or Are You a “Subject” or “Witness” in a Federal Investigation? What Are the Next…
Can a Target Letter Be Avoided?Early Intervention Strategies According to the Justice Manual, U.S. prosecutors are encouraged to give target letters to the “individuals” they believe are targets of a federal grand jury’s investigation:…
Generally, no. Federal Rule 6(d)(1) permits only attorneys for the government, the witness being questioned, interpreters when needed, and a court reporter or operator of a recording device to be present while the grand…
The Fifth Amendment to the U.S. Constitution is only one possible avenue of refusing to answer a grand jury question. In fact, “it is a basic principle of the law of evidence that the…
A target is someone the government has deemed a “putative defendant.” This means that, based on the evidence the government currently has, the government believes that you likely committed the crime for which you…
The Justice Department’s Justice Manual defines these three designations as follows: Target: The Justice Department considers targets as “person[s] as to whom the prosecutor or the grand jury has substantial evidence linking him or…
They arrive in similar envelopes. They produce similar fear. They require entirely different responses. A grand jury subpoena and a target letter are both instruments of federal investigation, but they signal different positions within…
A grand jury subpoena is a court order. It is issued under the authority of the federal district court within whose jurisdiction the grand jury sits, and...