How a Target Letter Indicates Federal Investigation Involvement

How a Target Letter Indicates Federal Investigation Involvement

A target letter from federal investigators is something no one wants to receive. This letter indicates that you are under investigation and could face criminal charges. Receiving a target letter means you need to take action quickly to protect yourself.

What is a Target Letter?

A target letter is an official notification from a federal agency, like the IRS or FBI, stating that you are under investigation for potentially violating federal law. This letter identifies you as a “target” of the investigation – meaning prosecutors believe there is substantial evidence you committed a crime .

Target letters often follow other investigative procedures like subpoenas or search warrants. For example, if the IRS issues a subpoena for your financial records and then sends you a target letter, it likely means they discovered suspicious activity in your documents indicating tax fraud or evasion.

Key Details in a Target Letter

• Your name and identifying information
• The federal agency conducting the investigation
• The specific criminal violations suspected
• A request for an interview or testimony
• Instructions not to destroy evidence

While a target letter does not necessarily mean you will be criminally indicted, it does signal that prosecutors aim to charge you. Over 90% of people who receive target letters end up facing criminal prosecution.

What Should You Do After Getting a Target Letter?

The day you receive a target letter from the IRS, FBI or other federal agency should be treated as a dire legal emergency. You want to act swiftly to contain the threat of criminal charges.

1. Do Not Panic

The first instinct upon getting a target letter may be panic or despair. Feeling shocked, afraid and overwhelmed is normal. However, you need to stay calm and focused in order to make wise legal choices.

Do not act rashly or make statements to investigators without counsel. Anything you say can be used against you. So take a breath, process the letter’s meaning, and move forward one step at a time.

2. Do Not Destroy Evidence

Target letters typically instruct you not to destroy evidence related to the investigation. Shredding documents, deleting emails, or hiding assets after receiving a target letter can result in obstruction of justice charges.

You must let your lawyer handle document collection and review. If federal agents attempt to talk to you or collect additional evidence, politely refer them to your attorney.

3. Hire a White Collar Criminal Defense Attorney

The most critical thing you can do after getting a target letter is retain legal counsel immediately. Find an experienced white collar criminal defense lawyer in your state who routinely handles federal investigations.

An attorney can assess your case, interface with investigators, and start building a defense strategy. Your lawyer may also negotiate with prosecutors for lesser charges or declining prosecution altogether.

4. Decline the Interview Request Politely

Target letters often request you come in for questioning or testify before federal grand jury. Politely decline those interview invites through your attorney unless they advise otherwise.

Speaking directly with agents or prosecutors prematurely can undermine your defense. So let your lawyer handle communication and negotiation with the government.

5. Craft Your Story Carefully

If your attorney does advise you to testify or talk to investigators, take great care in recounting and explaining the facts. Answer questions directly without volunteering extra, potentially damaging information.

Work closely with counsel to shape your story in the best light. You generally want to come across as cooperative, calm, and credible without admitting to criminal activity.

How Can You Avoid Getting a Target Letter?

The best way to avoid getting a target letter is to avoid coming under federal suspicion in the first place:

• Be truthful on all tax forms, applications, and financial statements.
• Fully disclose all income sources and foreign assets.
• Maintain detailed and accurate business records.
• Avoid “too good to be true” investment opportunities.
• Never falsify records or lie to federal investigators.

However meticulous compliance does not always prevent prosecutors from pursuing questionable charges. Having an experienced white collar criminal defense lawyer on retainer can help neutralize overzealous investigations.

Take a Target Letter Seriously

If you receive a target letter from the IRS, SEC or another federal agency, treat it as an urgent call to action. Hire a seasoned criminal defense attorney right away to protect your rights and interests. An adept lawyer’s counsel and advocacy can mean the difference between indictment and escaping criminal liability.

With proper legal guidance, some recipients of target letters manage to avoid prosecution altogether. So do not panic or overreact. Instead, get experienced legal representation on your side quickly to mitigate the threat.

For more on defending against target letter investigations in your state, contact our law firm today.