Responding to Target Letters From the FBI’s Public Corruption Unit

Responding to Target Letters From the FBI’s Public Corruption Unit

Getting a target letter from the FBI can be scary. It means you’re being investigated for public corruption crimes like bribery, extortion, or embezzlement. The letter says you’re a “target” of an investigation – meaning there’s evidence against you. What should you do if you get one? Here’s a guide to responding carefully.

What is a target letter?

A target letter is a letter telling you that you’re under investigation by the FBI. It’s sent by the Justice Department to notify you that a grand jury investigation is ongoing. The letter identifies you as a target – meaning there’s substantial evidence linking you to a crime[1].

Target letters aim to get people to cooperate with an investigation. They usually try to scare the recipient into confessing or providing evidence about others. But you don’t have to do what the letter says. You have constitutional rights to protect yourself.

Who sends target letters?

Target letters come from the Public Corruption and Civil Rights Section at the Department of Justice. This section investigates and prosecutes corruption crimes like bribery, extortion, and embezzlement. Their goal is to root out corruption by elected officials, government employees, and contractors.

Cases begin when the FBI starts an investigation and gathers evidence. If they find substantial evidence against you, they’ll pass the case to the Public Corruption Section to prosecute. That section then sends you a target letter about testifying for the government.

What are your rights when you get a target letter?

Getting a target letter can be intimidating. But remember – you have constitutional rights to protect yourself, like:

• The right to remain silent. You don’t have to talk to investigators or testify to a grand jury. You can invoke your Fifth Amendment right against self-incrimination.
• The right to speak to a lawyer. Request to have your lawyer present for any interviews. Don’t talk to investigators without consulting your attorney.
• The right to due process. You are presumed innocent unless proven guilty. The burden of proof is on the prosecution.
• The right to a speedy trial. You can fight delays and demand a timely trial.
• The right to confront your accusers. You can cross-examine any witnesses testifying against you.

Knowing your rights is key to protecting yourself. Don’t let investigators bully or trick you into giving up those rights.

Should you testify for the government?

Target letters often ask you to testify to a grand jury or cooperate with investigators. They may say that if you cooperate, charges against you will be reduced or dropped. This sounds tempting, but be cautious.

Testifying for the government can backfire. Anything you say can be used against you. If you implicate yourself in a crime, you may still be charged. And if you implicate others, you could put yourself in danger.

Before agreeing to cooperate, speak to a lawyer. They can negotiate an immunity agreement with strict protections. Make sure you get full immunity in writing first. And remember – you can always invoke your Fifth Amendment right against self-incrimination.

Should you voluntarily speak to investigators?

Investigators may try contacting you and asking you to “clear up” questions. Politely decline to speak with them.

Never submit to a voluntary interview without your lawyer present. Anything you say can be used against you. Even if you think you’ve done nothing wrong, talking is risky. Don’t try justifying yourself – it may provide evidence against you.

Let your lawyer handle all communication with investigators. They can shield you from providing self-incriminating evidence.

How else can you protect yourself?

Here are other tips for protecting yourself if you get a target letter:

• Hire an experienced white-collar defense lawyer. Don’t go it alone.
• Say nothing about the investigation to anyone except your lawyer. Not even to close family.
• Don’t tamper with evidence or try to coordinate stories with others involved.
• Begin gathering exonerating evidence like records, accounts, or witnesses.
• Get character references from respected people who know your reputation.
• Stay positive – corruption cases often end without charges being filed.

What’s the next step after getting a target letter?

After a target letter, the next step is usually a grand jury subpoena. This demands you testify before a grand jury. Your lawyer can try negotiating with prosecutors to avoid your testimony. But if you must testify, listen to your lawyer’s advice carefully beforehand.

Invoke your Fifth Amendment right against self-incrimination for any specific questions that could implicate you. You can also exercise your right to review your prior testimony transcript for accuracy.

After the grand jury stage, prosecutors decide whether to file formal charges against you. If you’re charged, your lawyer can defend you at trial. Prosecutors must prove guilt beyond a reasonable doubt – a high standard. An experienced lawyer can exploit weaknesses in the prosecution’s case.

The bottom line is – don’t panic if you get a target letter. Get experienced legal help to protect your rights. Carefully invoking your constitutional protections can frustrate the investigation and avoid charges being filed.

References

[1] Sample Target Letter – Justice Manual