How Attorneys Negotiate With Prosecutors After You Get a Federal Target Letter

How Attorneys Negotiate With Prosecutors After You Get a Federal Target Letter

Getting a target letter from the feds can be super scary. I know, I’ve helped a bunch of clients who were freaking out about this before. But take a deep breath – the letter doesn’t mean you’ll automatically get charged or go to jail. You still have options and defenses. Let me walk ya through what to do if you find one of these letters in your mailbox.

What is a Target Letter Anyway?

Basically it just means the U.S. Attorney’s Office thinks you may have committed a crime or have useful info about someone else’s crime. The letter will usually say what specific crime they’re looking at. It’s meant to pressure you into talking to investigators or pleading guilty.

But just ’cause you get one doesn’t necessarily mean you’ll get charged or indicted. The prosecutor’s still gotta convince a grand jury they have real evidence against you. So don’t freak out yet!

Okay I Got a Target Letter – Now What?

Here’s some key stuff I recommend if you get one of these letters from the feds:

• Don’t panic – Easier said than done I know! But take a few deep breaths. The letter sounds scary but doesn’t seal your fate. You still have options.
• Don’t talk to the investigators – After a target letter, investigators will probably try to get you to talk or hand over documents. Politely say no – don’t provide anything without your lawyer there. Anything you say can and will be used against you.
• Hire a lawyer ASAP – The most important thing is to get an experienced federal criminal defense lawyer right away. Don’t wait on this. Federal cases are super complex so you need someone in your corner who knows the rules.
• Figure out what you’re up against – With your lawyer’s help, look at what charges and penalties you realistically might face. This will help shape your defense strategy.
• Consider going on offense – In some cases, it makes sense for your lawyer to engage with prosecutors before any charges are filed. This can potentially get them to back off or soften their stance.
• Weigh cooperating – Prosecutors may ask you to cooperate in exchange for lesser charges. Cooperating can be risky but may also reduce your exposure. Your lawyer can help decide if it makes sense.

What Legal Protections Do I Have?

Even with a target letter, you still have important rights, like:

• Presumption of innocence – you’re innocent until proven guilty
• Right to an attorney – you can have a lawyer represent you
• Right against self-incrimination – you can take the 5th
• Burden of proof on prosecutors – they must prove guilt beyond a reasonable doubt

So don’t let the letter scare you too much. An experienced lawyer can make sure prosecutors play by the rules.

What Happens Next After I Get a Target Letter?

Some possible next steps include:

• Hiring a lawyer to handle negotiations
• Presenting info to prosecutors or grand jury
• Waiving grand jury and letting charges get filed directly
• Testifying before grand jury if subpoenaed
• Proffer sessions with prosecutors through your lawyer
• Plea bargain talks
• Going to trial

An experienced lawyer will guide you through choosing the right path forward based on your specific situation.

How Can I Fight the Charges?

If you do get charged, you have options to battle the accusations, like:

• Plea bargaining for lesser charges
• Filing pretrial motions to get evidence thrown out or charges dismissed
• Going to trial and forcing prosecutors to prove their case
• Asserting affirmative defenses like self-defense or insanity
• Presenting mitigating factors to reduce culpability

A good lawyer will pursue the strongest defense strategy for your unique case. Don’t lose hope yet!

What Could Happen After I Get a Target Letter?

Some possibilities after a target letter:

• Not getting charged at all due to lack of evidence
• Getting charged but having charges dismissed before trial
• Plea bargaining to plead guilty to reduced charges
• Going to trial and being found not guilty
• Getting convicted at trial and facing sentencing

Outcomes run the gamut after a target letter. An experienced lawyer gives you the best shot at the most favorable result.

The bottom line is – don’t panic if you get a target letter. Get a good lawyer on your side and they can help protect your rights and guide you through the process. There are still options to fight the allegations against you. So take a deep breath and start planning your next steps.

Responding to a Federal Target Letter

If you receive a federal target letter, here are some tips for responding:

• Don’t ignore it – You must respond, usually within 2 weeks or so
• Be polite – Don’t get defensive or antagonistic in your response
• Get a lawyer – Have an experienced federal criminal defense lawyer help craft your response
• Don’t admit anything – Don’t make any admissions of guilt in your response
• Request details – Ask for more details about the investigation and allegations
• Follow instructions – Carefully follow all instructions provided in the letter

It’s critical to respond properly to avoid making missteps. Your lawyer can handle communicating with prosecutors for you.

How Lawyers Negotiate with Prosecutors

If you get charged after a target letter, your lawyer will likely start negotiating with prosecutors to try to get the best deal. Here are some common negotiation tactics criminal defense lawyers use:

• Look for procedural issues – Explore if there are any procedural problems with how evidence was collected or the case was handled.
• Challenge the evidence – Work to exclude unreliable or improperly obtained evidence by filing motions.
• Present mitigating circumstances – Highlight any mitigating factors about you or the case that could warrant leniency.
• Offer a proffer – Provide a “proffer” detailing valuable info you could provide if charges are reduced.
• Propose alternatives – Suggest alternatives like deferred prosecution or pretrial diversion.
• Discuss possible defenses – Make prosecutors aware of potential affirmative defenses you could assert at trial.
• Highlight sentencing factors – Emphasize factors that could lead to a lighter sentence under federal guidelines.

An experienced negotiator can often get charges dropped or reduced, even from a target letter. But every case is different.

When Does a Target Letter Lead to an Indictment?

There’s no guarantee a target letter will lead to an indictment and criminal charges. Prosecutors have to convince a grand jury with compelling evidence. A good lawyer can often prevent or delay any indictment. But factors that make an indictment more likely include:

• A strong case – Prosecutors have solid incriminating evidence against you.
• Serious crimes – The allegations involve major felonies with stiff penalties.
• Past convictions – You have a criminal record that makes charges more likely.
• Dishonesty – You lied or obstructed justice during the investigation.
• No cooperation – You refused to cooperate with prosecutors at all.

There’s still a chance to avoid indictment, but these factors make it more challenging. An experienced attorney is key.

When Does it Make Sense to Cooperate with Prosecutors?

Cooperating means providing information to help prosecutors build cases against others, in exchange for leniency. It can be risky but sometimes worthwhile if:

• You have valuable information – You can provide substantial help prosecuting serious crimes.
• Your involvement was minor – You played a smaller role in the criminal activity.
• You have no prior record – Prosecutors may give you a second chance if you’re not a repeat offender.
• The case is strong against you – Cooperating may be your best option if the evidence is overwhelming.
• The potential sentence is severe – Cooperating if you’re facing decades in prison.

However, cooperating can still backfire. Prosecutors may still seek harsh charges. It’s a nuanced decision to make with an attorney.

Individual vs. Corporate Target Letters

Target letters aim to get individuals to cooperate against others or plead guilty. For corporations, they serve more to open settlement negotiations. But both mean prosecutors believe crimes occurred. Hiring top white collar defense counsel is important for corporations and individuals alike when receiving target letters.

Can I Avoid Prosecution After Getting a Target Letter?

It is possible to avoid prosecution even after getting a target letter, if:
Your lawyer can convince prosecutors they don’t have enough evidence or that pursuing the case would be unjust.
You cooperate and provide information prosecutors find so valuable they decline charges.
Your lawyer identifies misconduct or procedural issues that undermine the case.
Mitigating factors exist making charges inappropriate.

However, once you get a target letter, the risk of charges is substantial. An experienced federal defense lawyer is needed to navigate this successfully.

Why Do Prosecutors Issue Target Letters?

There are a few key reasons prosecutors send target letters:
To notify people they could be charged and may want to cooperate.
To try to “lock in” testimony by witnesses who could implicate others.
To gather more information and evidence, by pressuring recipients to talk.
To scare recipients into accepting a plea bargain.
To give the target a chance to present their side.

But the bottom line is target letters move the investigation forward towards indictment. Don’t go it alone if you get one.

Can I Be Charged Without Getting a Target Letter First?

Yes, you can be indicted or arrested without ever receiving a target letter. Prosecutors aren’t required to send a letter or give you notice first. Target letters are a courtesy to try to get information or cooperation. But prosecutors can skip them and go straight to filing charges in some cases.

How Much Time Do I Have to Respond to a Target Letter?

Target letters usually give you 1-3 weeks to formally respond in writing. The letter will specify the deadline. If you need more time, your attorney can request an extension from prosecutors. But you should respond as soon as possible, so prosecutors don’t assume you’re ignoring them.

Should I Meet With Prosecutors After Getting a Target Letter?

You should generally avoid meeting with prosecutors without your attorney present after getting a target letter. Anything you say can be used against you. And skilled prosecutors can extract damaging information from targets without them even realizing it. Politely decline or have your lawyer attend. An exception may be made if you have ironclad proof of your innocence.

What Should My Lawyer Know When Responding to a Target Letter?

Here are key things your lawyer should find out when responding to a target letter:
The specific allegations and potential charges you face.
What stage the investigation is at.
What evidence prosecutors have already obtained.
Why you’ve been identified as a target.
What exactly prosecutors want from you.
Whether there’s room for negotiations.

This information will allow your lawyer to craft an appropriate response and build the strongest case for your defense.

Can I Go to Jail for Ignoring a Target Letter?

Ignoring a federal target letter can potentially lead to serious consequences, including charges of obstruction of justice and even jail time in some cases. Here’s what can happen if you ignore one of these letters:

• Prosecutors may assume you have something to hide and pursue charges more aggressively.
• You lose the opportunity to negotiate with prosecutors before an indictment.
• Prosecutors may subpoena you to testify before a grand jury.
• You could be charged with obstruction of justice for impeding the investigation.
• Prosecutors may arrest you and initiate charges rather than negotiating.
• Ignoring the letter takes away your chance to tell your side of the story early on.
• You lose critical time to build your legal defense strategy with your lawyer.

So while you won’t automatically go to jail if you ignore a target letter, it can significantly escalate the situation and lead to obstruction charges. It’s very risky not to respond properly. Hiring an experienced federal criminal defense lawyer to handle your response is critical.

What’s the Difference Between a Target Letter and a Subpoena?

The main differences between a target letter and a subpoena include:

• Target Letter
  • Voluntary request to provide information
  • Opportunity to cooperate before charges filed
  • Sent to those suspected of crimes
• Subpoena
  • Mandatory legal demand for information
  • Compulsory process after investigation underway
  • Sent to witnesses as well as suspects

So target letters are an invitation that lets the target respond voluntarily first. Subpoenas compel cooperation and testimony under penalty of contempt.

Should I Testify Before a Grand Jury If Subpoenaed After a Target Letter?

In general, you should avoid testifying before a grand jury if possible after receiving a target letter since anything you say can be used against you. Options to avoid testifying include:

• Filing a motion to quash the subpoena
• Asserting your 5th Amendment right against self-incrimination
• Negotiating an agreement not to testify in exchange for cooperation

Your lawyer may advise testifying if you have exculpatory evidence or to avoid contempt charges. But in most cases, politely declining to testify is best.

Can a Target Letter Lead to Civil Penalties?

While target letters relate to possible criminal prosecution, they can sometimes lead to civil fines, penalties and forfeitures as well if the allegations involve regulatory or tax violations. For example, a target letter about healthcare fraud could also trigger civil False Claims Act liability. Experienced counsel can help negotiate civil as well as criminal liability.

What Tactics Do Prosecutors Use After Sending Target Letters?

Common prosecutor tactics after sending a target letter include:

• Seeking a proffer session to assess cooperation potential
• Enhancing pressure by issuing subpoenas
• Freezing assets to gain leverage in plea negotiations
• Threatening tougher charges if no cooperation
• Offering incentives like immunity to flip witnesses
• Probing for information to corroborate their case

Experienced defense counsel can counter these tactics and maximize your leverage despite the target letter.