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Responding to Target Letters From the FBI Public Corruption Unit

Responding to Target Letters From the FBI Public Corruption Unit

Receiving a target letter from the FBI can be an intimidating and stressful experience. However, it’s important to remember that a target letter does not necessarily mean you will be criminally charged. The letter is simply informing you that you are a subject or target of an investigation. There are steps you can take to respond appropriately and protect your rights.

What Exactly is a Target Letter?

A target letter is a notification sent by the government during an investigation informing an individual or company that they are under investigation and could potentially face criminal charges. Target letters are most commonly sent by the Department of Justice (DOJ) and the FBI, but other agencies like the SEC or IRS may also issue them.The letter normally informs the recipient they have been designated as a “target” or “subject” of an investigation. A target is someone who the government believes has committed a crime and has substantial evidence against. A subject is someone who may have information or evidence relevant to the investigation, but their role is not yet clear<a href=”https://www.burnhamgorokhov.com/criminal-defense-resources/federal-criminal-process/target-letters-from-federal-law-enforcement”>3</a>.The purpose of a target letter is to prompt the recipient to cooperate with the investigation, either by providing information or testifying. However, the letter does not obligate cooperation. You always have the right to assert your Fifth Amendment privilege against self-incrimination.

Types of Investigations

Target letters can originate from many different agencies and relate to diverse types of investigations<a href=”https://www.fbi.gov/investigate”>4</a>, such as:

• Healthcare fraud
• Federal drug crimes
• Bribery
• Public corruption
• Tax evasion
• Money laundering
• Securities fraud

Two of the most common sources of target letters relating to public corruption are the FBI and IRS. The FBI often investigates bribery, kickbacks, and other abuses of public office. The IRS frequently examines tax evasion and money laundering connected to corruption.

Try Not to Panic

It’s understandable to feel anxious, angry, or confused after getting a target letter. However, it’s important not to panic or overreact. A target letter does not mean you will definitely face criminal prosecution. Oftentimes, further investigation does not produce sufficient evidence for charges.The letter is simply alerting you that you are on the government’s radar. While this is serious, succumbing to emotions will not help your situation. Take a few days to process the letter and collect your thoughts before determining how to respond.

Do Not Destroy Evidence

You must avoid any attempt to destroy or conceal any information relevant to the investigation. This includes destroying or deleting emails, documents, texts, computer files, or any other evidence. Obstruction of justice charges can be brought even if you are never convicted of the underlying crime being investigated.Preserving documents does not necessarily mean the government will see them. But destroying evidence almost guarantees obstruction charges. Be sure to consult your attorney about properly preserving pertinent information.

Consult an Attorney

Upon receiving a target letter, your first call should be to an experienced white collar defense attorney, not to the agent listed on the letter. An skilled lawyer knows how to navigate these investigations and negotiate with the government on your behalf.Cooperation and settlements are often achieved through attorneys negotiating with prosecutors. An attorney can advise you on whether to cooperate, assert your rights, or pursue a defense strategy. They will also ensure your legal rights are protected throughout the investigative process.

Do Not Speak to Investigators Without an Attorney

You have the constitutional right under the Fifth Amendment to remain silent when questioned by government investigators. Without an attorney present, you may inadvertently make statements that are damaging or falsely incriminating. Politely decline requests for interviews or information until you have legal counsel.In very limited circumstances, it may be in your best interest to cooperate with authorities. If so, your lawyer can arrange for you to do so. But you should never speak to investigators without your attorney present. Information given can only hurt you.

Potential Defenses to Consider

For any charges brought, your attorney will analyze the evidence and determine if you have viable defenses. Common defenses in public corruption cases include:

• You lacked criminal intent – the prosecution cannot prove you knowingly and willfully violated the law.
• Entrapment – the government induced you to commit a crime you otherwise would not have.
• Duress – you were coerced into the crime by threats of harm.

Your lawyer may also challenge the admissibility of evidence, credibility of witnesses, or sufficiency of the prosecution’s evidence. It’s critical to have an experienced attorney assessing possible defenses.

Responding to a Grand Jury Subpoena

If your case goes to a grand jury, you may receive a subpoena to testify or turn over documents. Your attorney can file a motion to quash or limit the subpoena if it is overly broad or seeks privileged information.There are several grounds on which your attorney may argue against complying with the subpoena:

• The subpoena requests unreasonable items or imposes an undue burden.
• The subpoena requires disclosing privileged or protected information.
• The subpoena fails to allow enough time to gather the requested records.
• You lack material information relevant to the investigation.

If the motion to quash is denied, you may have to appear before the grand jury. But you can still assert your Fifth Amendment right and refuse to answer any question that may incriminate you. Your attorney can assist you in navigating this process.

Potential Resolution of the Investigation

There are several ways the investigation may ultimately be resolved:

• The prosecutor declines to pursue charges due to lack of evidence.
• You enter into a plea agreement resolving potential charges.
• You go to trial and are either convicted or acquitted.