How to Handle a Target Letter From the FBI Cyber Crimes Division

How to Handle a Target Letter From the FBI Cyber Crimes Division

Getting a target letter from the FBI can be scary and stressful. But try to stay calm, and remember that a target letter doesn’t necessarily mean you’ll be charged with a crime. Here’s a plain English guide on what to do if you get one of these letters in the mail.

What is a Target Letter?

A target letter is a notice from the Department of Justice or U.S. Attorney’s Office letting you know you’re the target of an investigation [1]. Specifically, it means prosecutors think you may have broken the law and they want info from you. The letter will say what crime(s) they’re looking into.

These letters often go out when there’s a grand jury investigation. Grand juries decide whether to bring criminal charges or not. Prosecutors will want to question you in front of the grand jury.

What Should I Do if I Get a Target Letter?

First, don’t panic. Easier said than done, I know. But freaking out won’t help anything. Take a few deep breaths and try to stay calm.

Next, don’t destroy evidence or do anything to obstruct the investigation. That can get you charged with a separate crime!

Then, get a lawyer. A criminal defense attorney who specializes in federal cases is best. They can help protect your rights. Your lawyer can go with you if you have to testify to the grand jury.

Also, don’t talk about the investigation with anyone except your lawyer. Prosecutors don’t like it when details get leaked.

Finally, don’t flee. Running away will make you look very guilty.

Bottom line: Contact an experienced federal defense lawyer right away. They’ll know how to handle things from there [2].

What Happens After I Get a Target Letter?

Here’s the usual process after getting a target letter from the FBI cyber crimes division:

1. You get the letter in the mail.
2. You hire a lawyer experienced with federal cases.
3. The lawyer contacts the prosecutor to discuss the investigation.
4. You provide info to your lawyer about the case.
5. Your lawyer negotiates with the prosecutor on your behalf.
6. You may have to testify before a grand jury. Your lawyer can attend with you.
7. The grand jury decides whether to indict you (bring criminal charges).
8. If you’re indicted, your case goes to trial or you may plead guilty.
9. If the grand jury declines to indict, the case likely goes away.

This process can take months from start to finish. Your lawyer will update you along the way. Don’t be afraid to ask questions!

What are My Options Once I Get a Target Letter?

You have a few options after receiving a target letter from the FBI:

• Cooperate – This means answering the prosecutor’s questions, testifying before the grand jury, providing evidence, etc. Cooperating won’t automatically get you off the hook, but it might help reduce charges or sentences.
• Plea bargain – Your lawyer may be able to negotiate a plea deal. This involves pleading guilty in exchange for lesser charges or a lighter sentence.
• Go to trial – You can fight the charges at trial. But federal prosecutors win over 90% of cases that go to trial.
• Assert your rights – You can invoke your 5th Amendment right against self-incrimination. But refusing to cooperate makes prosecutors less likely to show leniency.

Your lawyer will explain these options and help you decide the best route based on the specifics of your case.

What are Some Common FBI Cyber Crimes?

There are lots of cyber-related federal crimes the FBI might be looking into. Some common ones include:

• Computer hacking
• Identity theft
• Online fraud schemes (email scams, romance scams, etc.)
• Selling illegal items online (drugs, weapons, etc.)
• Possessing or distributing child pornography
• Cyberstalking, harassment, or threats
• Stealing trade secrets or classified information
• Internet piracy (illegally downloading music, movies, etc.)

The target letter from the FBI should specify what crime(s) they are investigating. But if not, your lawyer can find out more details.

What Happens if I’m Charged With a Federal Cyber Crime?

If the grand jury indicts you, that means you’ll face formal criminal charges. Some things that happen next:

• You’ll be arrested and make an initial court appearance.
• You can try to get released on bail.
• Prosecutors will give your lawyer evidence and documents related to the case.
• More negotiations may happen between the prosecution and your lawyer.
• You’ll be arraigned and enter an initial plea (guilty, not guilty, no contest).
• Your lawyer will investigate the case and file motions to try to get evidence suppressed or charges dismissed.
• You’ll either take the case to trial or plead guilty per a plea bargain.
• If found guilty at trial, you’ll proceed to sentencing.

Federal cyber crime cases can get very complex. An experienced federal defense lawyer is critical to have on your side. They’ll defend your rights every step of the way.

How Should I Prepare to Testify Before the Grand Jury?

If prosecutors want you to testify before the grand jury, preparation is key. Here are some tips:

• Tell the truth. Lying is a separate crime.
• Review relevant documents so your memory is fresh.
• Practice answering questions clearly and directly.
• Don’t volunteer info that wasn’t asked.
• It’s OK to say you don’t remember something.
• If you don’t understand a question, ask for clarification.
• Don’t argue with the prosecutor or grand jurors.
• Dress professionally – this isn’t a casual event.
• Get a good night’s sleep beforehand.

Your lawyer will prep you more specifically. Don’t go before the grand jury until you and your attorney feel ready.

Can I Refuse to Testify or Cooperate?

You can refuse to testify or cooperate, but that has consequences. Here’s what to know:

• You can invoke your 5th Amendment right not to incriminate yourself.
• Prosecutors can give you “immunity” to force your testimony. But this only applies to the current investigation.
• Not cooperating means you lose any chance at a plea bargain or leniency.
• If you refuse to testify after getting immunity, you could be jailed for contempt of court.
• Lying or obstructing justice carries separate criminal charges.

So while you do have a right against self-incrimination, outright refusing to cooperate isn’t necessarily wise. Your lawyer can advise you based on your specific circumstances.

Should I Get a Lawyer or Handle This Myself?

Trying to handle a federal investigation yourself is usually a bad idea. Here are some reasons why:

• You may miss important deadlines or make legal mistakes.
• You probably don’t know how to negotiate with federal prosecutors.
• Testifying before a grand jury is hard without an attorney present.
• You won’t know all your options or best defense strategies.
• The law is complex. FBI cases have a lot of rules and procedures.
• Prosecutors tend to offer better deals to defendants with lawyers.

In short, the risks of going solo are incredibly high. Get an experienced federal defense lawyer to protect your rights and give you the best chance of a favorable outcome [3].

How Much Will a Lawyer Cost?

Costs vary, but expect to spend $5,000 to $100,000+ on legal fees if your case goes to trial. Factors impacting the cost include:

• Your lawyer’s experience level
• Where you live
• Complexity of your case
• Amount of evidence and documents
• How long the case takes to resolve
• Whether expert witnesses are needed
• If your case goes to trial

Less complex cases that end in a plea bargain are cheaper. Ask lawyers about payment plans, using cash or property as collateral, or taking out a loan if needed.

What Are the Best Defenses for My Case?

Some potential defenses to FBI cyber crime charges include:

• You didn’t do it – You can argue the prosecution has the wrong suspect if you’re innocent.
• Illegal search – If evidence was obtained illegally, your lawyer can try to get it suppressed.
• Entrapment – This means law enforcement induced you to commit a crime you wouldn’t have otherwise.
• Self-defense – Cyber crimes done in self-defense, like hacking back against an attacker, may be justified.
• Free speech – The First Amendment protects some cyber activities that express free speech.

Your lawyer will analyze the facts of your case to craft the best defense strategy. Having an experienced federal defense lawyer in your corner is crucial.

What Are the Potential Penalties if I’m Convicted?

Penalties for federal cyber crime convictions include:

• Prison time – Years or even decades in federal prison.
• Fines – $250,000 or more in criminal fines per charge.
• Probation – Strict supervision for 1-5 years after release.
• Restitution – Paying money to victims for losses from the crime.
• Forfeiture – The government can seize assets obtained from criminal activities.
• Loss of rights – Voting, gun ownership and other civil rights may be lost.

Sentences depend on your specific charges and criminal history. Not all convictions end in prison time. Your lawyer will fight for the lightest sentence possible.

Can I Go to Jail Just for Getting a Target Letter?

No, a target letter alone doesn’t land you in jail. Some key points:

• Target letters come before any charges are filed. You won’t be arrested or jailed at this stage.
• The letter just means prosecutors think they have evidence you may have committed a crime.
• You’ll only be indicted (formally charged) if the grand jury decides there’s enough evidence.
• Even if indicted, you can still avoid jail through a plea bargain or if found not guilty at trial.
• So don’t panic or flee if you get a target letter. Contact a lawyer and go from there.
• Assert your 5th amendment rights and don’t speak to investigators without your lawyer present.
• Follow your attorney’s advice about whether or not to testify before the grand jury.
• Never destroy evidence or obstruct justice – that leads to separate criminal charges.
• The target letter starts a legal process, but by itself does not result in immediate arrest or jail time.
• With an experienced lawyer guiding you, even serious FBI investigations often end without prison sentences.

The key is staying calm and letting your lawyer handle things. A target letter seems scary, but it’s just an invitation to cooperate, not an automatic jail sentence.