Cutting Ties With Co-Conspirators After Getting a Federal Target Letter

Cutting Ties With Co-Conspirators After Getting a Federal Target Letter

Getting a federal target letter can be scary. It means the feds think you did something illegal. And they have evidence. But it doesn’t always mean you’ll get charged or go to jail. Sometimes they send target letters hoping to get more information. Or to scare people into flipping on their friends. So what should you do if you get one? Let’s break it down.

What’s a Target Letter?

A target letter is a letter from federal prosecutors saying they have substantial evidence that you committed a crime. It means you’re a target of an investigation and could be charged soon. They don’t send these letters to everyone involved. Only people they think actually broke the law. Getting one means the case against you is pretty solid.

The letter will tell you to testify before a grand jury. That’s a group of citizens who decide whether there’s enough evidence to charge you. The letter might also say to meet with prosecutors. They’ll try getting you to admit stuff. Or convince you to cooperate against others involved.

Should I Testify or Meet With Prosecutors?

Talk to a lawyer first! Never meet with federal prosecutors without an experienced criminal defense attorney. They’re allowed to lie and trick you into admitting things. A lawyer can advise if testifying is a good idea. Sometimes it makes sense. Like if you have a defense that could convince jurors you’re innocent. But usually it just gives them more evidence against you. Pleading the Fifth is often smarter.

What If I Want to Cooperate and Get a Deal?

Flipping on your co-conspirators can help get charges reduced or dismissed. You have to give substantial assistance though. Like testifying against them or providing important evidence. Just naming names isn’t enough. Prosecutors want you to help build cases against higher-ups in the conspiracy. They’ll only make a deal if it’s worth it to them.

Before cooperating, meet with a lawyer to discuss the benefits and risks. Snitching can put your safety in danger. And there’s no guarantee of leniency. Prosecutors might still charge you after getting what they need. Cooperating early shows you’re serious and increases your leverage.

Should I Cut Ties With the Other Targets?

Yes, immediately! Staying connected to them can really hurt your case. Prosecutors will monitor your communications. Any contact can be used as evidence against you. It shows you’re still working together and part of the conspiracy. You need to clearly withdraw from any illegal activity.

Don’t discuss the case with the other targets at all. Don’t try influencing their testimony or destroying evidence. That can lead to obstruction charges. Limit contact to polite small talk. And tell your lawyer about any communications you do have.

How Do I Withdraw from the Conspiracy?

To avoid being seen as an ongoing member, you must take affirmative steps to withdraw. Simply stopping illegal acts you were involved in isn’t enough. Here are some good ways to withdraw and disavow the conspiracy:

• Announce to the other members you are withdrawing
• Stop attending meetings and activities
• Cut off communications with other members
• Return any ill-gotten gains from the conspiracy
• Repudiate the aims and methods of the conspiracy
• Report the conspiracy to authorities

The more concrete actions you take to withdraw, the better. Some co-conspirators try claiming they withdrew before the target letter. But they need solid proof. Just saying you wanted out won’t cut it. The key is demonstrating through your words and actions that you disavowed the conspiracy.

What If I’m Called to Testify Against Others?

If you end up cooperating, you’ll likely have to testify before a grand jury or at trial. Your lawyer can prep you to deal with tough questioning. Prosecutors might threaten charges if you refuse to testify. But staying silent is your right if your own testimony could expose criminal liability.

To avoid misleading questions, listen carefully and only answer what’s asked. Don’t volunteer additional information. If you don’t recall something, say that instead of guessing. Tell the full truth – getting caught in lies will ruin your credibility.

Should I Try to Find Out What Evidence They Have?

You can ask prosecutors what type of evidence they have against you. But they often won’t share details until later in the process. However, anything they disclose could help in your defense. Some key evidence to find out about includes:

• Recordings of communications discussing illegal acts
• Testimony from informants or cooperating witnesses
• Financial records showing illicit transactions
• Surveillance observations of meetings or activities
• Any documents linking you to the conspiracy

If the case relies heavily on witness testimony, that may be vulnerable to credibility attacks. Seeing their evidence can also reveal weaknesses for your lawyer to exploit.

Should I Destroy Evidence or Obstruct Justice?

Absolutely not! Destroying evidence or trying to influence witness testimony can lead to serious obstruction of justice charges. Even if you withdraw from the conspiracy, you could face prosecution for past crimes committed. So don’t take any actions that could be seen as cover-ups.

Let your lawyer deal with the evidence properly through discovery and court procedures. Focus your efforts on demonstrating you withdrew from the conspiracy and distanced yourself from the other targets. Admitting fault shows remorse and that you’re no longer involved.

What Are the Chances I’ll Actually Be Indicted?

It varies case by case. But target letters often do lead to eventual indictment. Prosecutors don’t send them lightly. They already invested significant resources building evidence against you. At this point, offering a target letter signals they’re ready to move forward soon.

However, cooperating or having a solid defense could still avoid charges. Your lawyer may be able to convince them the case is weak or that you played a minor role. If you withdraw and cut ties convincingly, they may shift focus to other conspirators.

What Should I Do to Prepare for Potential Charges?

Here are some important steps to take after receiving a target letter:

• Hire an experienced criminal defense lawyer
• Follow your lawyer’s advice about testifying or cooperation
• Withdraw from the conspiracy and cut off contact with other targets
• Avoid any evidence tampering or obstruction
• Ask prosecutors about their evidence but don’t discuss case details
• Get your legal and personal affairs in order in case of indictment

An indictment marks the start of a long legal battle. It’s wise to start preparing now. And having a top lawyer in your corner from the beginning gives you the best chance of success.

The most important takeaway is – don’t panic! Target letters sound scary but the case isn’t over yet. There are still ways to avoid prosecution or reduce charges. Listen to your lawyer and focus on showing you withdrew from any wrongdoing. That goes a long way in these cases.

With smart legal strategies, it’s possible to move past the target letter. The critical first step is contacting an experienced attorney right away. They can carefully guide you through the process ahead. Don’t go it alone. Having skilled legal representation can make all the difference.

Good luck and stay positive! With hard work and dedication, this hopefully will just become a distant memory someday. Onwards and upwards.

References

Here are the references used in this article:

Target Letter to Trump Raises Possibility of Obstruction and Fraud Charges

Trump Receives a Target Letter in Special Counsel’s Jan. 6 Investigation

What does a target letter mean for Trump? The latest on Jan. 6 probe

Here’s what the laws reportedly cited in Trump’s target letter could mean for a potential indictment

What To Do If You Receive a Federal Target Letter

What is a target letter? What to know about the document Trump received from DOJ special counsel Jack Smith