Federal Target Letters and Sentencing: How Cooperation Impacts Your Outcome

Federal Target Letters and Sentencing: How Cooperation Impacts Your Outcome

If you’ve received a target letter from federal prosecutors, it can be a scary and confusing time. This article will break down what target letters are, what they mean, and most importantly- how cooperating with the investigation could impact your sentencing outcome.

What is a Target Letter?

A target letter is a notification from federal prosecutors letting you know you’re the target of an investigation and could face criminal charges^[1]. These are commonly used in white collar cases when prosecutors believe they have substantial evidence linking you to a federal crime. The letter will provide details on things like:

• The fact you’re the focus of a federal grand jury investigation
• The specific crimes you may be charged with
• Your right to remain silent/get an attorney
• A request to meet with prosecutors to discuss the case
• A warning to not destroy any relevant evidence

Target letters are not required – prosecutors use them at their discretion. And they definitely don’t guarantee you’ll be indicted. The grand jury still needs to review the evidence and decide if charges are warranted.

What Should I Do if I Get a Target Letter?

If you receive a target letter, here are some steps to take:

1. Hire an experienced federal criminal defense lawyer right away – the earlier the better^[1].
2. Gather all relevant documents related to the investigation.
3. Carefully review the letter to understand the scope of allegations.
4. Respond to the letter in a timely manner with help from your lawyer.
5. Do NOT reach out to investigators directly – let your lawyer handle communication^[4].
6. Do NOT destroy any evidence that could be relevant.

A knowledgeable lawyer can advise you on your rights, review the evidence, and potentially negotiate with prosecutors for a favorable outcome.

Should I Cooperate with the Investigation?

Cooperating means providing information to assist the government’s case. There are a few reasons you may want to cooperate^[5]:

• The evidence against you is overwhelming, so cooperating may lead to a better deal.
• Your trial risks are high, so cooperating could significantly reduce your sentence.
• You can provide substantial assistance to the investigation.

The decision is yours alone – your lawyer can advise you but cannot force you either way. If you do cooperate, your lawyer will help negotiate an agreement spelling out what info you’ll provide and what benefits you’ll receive.

How Cooperation Impacts Sentencing

There are three main ways cooperating can potentially reduce your sentence^[3]:

1. Substantial Assistance Departure: Prosecutors can file a 5K1.1 motion asking the judge to depart below standard guidelines based on your cooperation. This can reduce your sentence but does not override mandatory minimums.
2. Below Mandatory Minimum: Prosecutors can file a 3553(e) motion allowing the judge to go below any applicable mandatory minimum based on substantial assistance. This is the most impactful cooperation benefit.
3. General Mitigation: Even without a 5K1.1 or 3553(e) motion, the judge can still consider cooperation as a mitigating factor and impose a lower sentence.

The key is that the more you assist the government’s case, the greater benefits you can receive. But you need an experienced lawyer to advise you and negotiate the cooperation deal^[2].

Takeaway Messages

• Target letters indicate you’re under federal investigation but don’t guarantee indictment.
• Hire a lawyer immediately to protect your rights and explore options.
• Cooperating may significantly reduce your sentence depending on the case facts.
• Your lawyer will advise you on if/how to cooperate and negotiate an agreement.

Receiving a target letter is scary but not the end. An experienced federal criminal defense lawyer can help put you in the best position to mitigate the outcome.

References

1. Target Letters – Law Office of Jeremy Gordon
2. Understanding the Potential Impact of Cooperation on Federal Sentences – RI Criminal Defense Lawyer
3. Target Letters From Federal Law Enforcement – Burnham & Gorokhov, PLLC
4. What is a Proffer Agreement? – Federal Lawyer – Oberheiden P.C.
5. Target Letters from a Federal Government Investigation – Barone Defense Firm