Responding to Target Letters From the FBI’s Transnational Organized Crime Teams

Getting a target letter from the FBI can be scary. It means you’re being investigated for a federal crime related to transnational organized crime. Don’t panic! There are things you can do to protect yourself.

First, don’t talk to the FBI without a lawyer present. Anything you say can be used against you. Be polite but firm that you won’t answer questions without your attorney.

Second, hire an experienced federal criminal defense lawyer asap. These cases are complex and the stakes are high. A good lawyer who regularly handles federal cases will know how to navigate the system and defend your rights.

What is a Target Letter?

A target letter is sent by federal agents to notify you that you’re a target of an investigation¹. It usually says something like:

“You are a target of an investigation into possible violations of federal laws.”

This means prosecutors believe they have substantial evidence to charge you with a crime. But no charges have been filed yet.

Who Sends Target Letters?

Target letters often come from the FBI, DEA, IRS, SEC, or other federal agencies. In transnational organized crime cases, they’re usually from:

• FBI Criminal Investigative Division
• FBI Transnational Organized Crime Teams
• Joint Terrorism Task Forces (JTTFs)

These teams tackle complex cases like drug trafficking, human trafficking, money laundering, public corruption, and more.

Why Do They Send Target Letters?

The main reasons agents send target letters are:

• To notify you that you could be charged
• To see if you’ll cooperate as a witness against others
• To get a confession or other evidence from you

In short, their goal is to build a strong case against you and your co-conspirators.

What Should I Do if I Get a Target Letter?

Here are some tips if you receive a target letter from the FBI or other federal agency:

1. Don’t panic. Take a deep breath.
2. Don’t throw away the letter. It could be important evidence later.
3. Don’t talk to anyone about the investigation without your lawyer present – not even family.
4. Be polite to agents but say you won’t answer questions without an attorney.
5. Hire a skilled federal criminal defense lawyer immediately.
6. Follow your lawyer’s advice about responding to the letter.
7. Work with your lawyer to build the strongest defense possible.

The most important thing is not to contact the FBI or make any statements before talking to your attorney. Anything you say can hurt you later on.

Should I Respond to the Letter?

In most cases, your lawyer will advise you not to respond directly. However, some attorneys may craft a limited response or set up a proffer session where you answer questions in exchange for possible leniency.

Your lawyer may also file pretrial motions to suppress evidence or dismiss charges. But you shouldn’t reach out to investigators without guidance from counsel.

What Are the Next Steps in the Investigation?

After you receive a target letter, the case will normally proceed as follows:

1. The FBI/DEA/IRS keeps investigating and gathering evidence.
2. They may interview you or ask you to testify before a grand jury.
3. Prosecutors present evidence to the grand jury, which may issue an indictment.
4. You’ll be arrested and charged if indicted.
5. Your arraignment and trial proceedings follow after that.

The goal is to avoid indictment and charges altogether. An experienced lawyer can sometimes persuade prosecutors to drop a case.

What Are the Penalties if I’m Convicted?

Penalties vary widely depending on the charges. Some examples in transnational organized crime cases:

• Drug trafficking – up to life in prison
• Money laundering – up to 20 years in prison
• Racketeering – up to 20 years in prison
• Public corruption – up to 10 years in prison

And any sentence over 1 year means potential immigration consequences for non-citizens.

Should I Just Plead Guilty and Cooperate?

Flipping to become a cooperating witness can potentially help reduce your sentence. But it’s very risky and requires admitting guilt. First talk to your lawyer before making any decisions.

How Can a Lawyer Defend Me?

An experienced federal criminal defense attorney can protect your rights and build the strongest defense in many ways:

• Negotiating with prosecutors to drop or reduce charges
• Seeking to suppress illegally obtained evidence
• Presenting evidence of innocence and challenging the prosecution’s case
• Arguing flaws in the investigation and lack of proof beyond reasonable doubt
• Seeking leniency in sentencing if convicted

In some cases, charges can be completely avoided with an aggressive defense strategy.

Take a Target Letter Seriously

If you receive a target letter from the FBI or other federal agency, take it very seriously. These transnational organized crime investigations are complex and can lead to severe criminal penalties. The risks are too high to go it alone. Hire an experienced federal criminal defense lawyer right away to protect your rights.

With skilled legal guidance, some targets avoid prosecution altogether. Don’t say anything to investigators without your attorney present. And follow their advice closely on responding to the letter. This gives you the best chance of a favorable outcome.

References

1. Responding to Target Letters From the FBI’s Public Corruption Unit – Federal Criminal Lawyers. (2023). Retrieved from https://www.federallawyers.com/criminal-defense/responding-to-target-letters-from-the-fbis-public-corruption-unit/
2. Responding to Transnational Organized Crime — Supporting Research, Improving Practice – Office of Justice Programs. (n.d.). Retrieved from https://www.ojp.gov/pdffiles1/nij/235888.pdf
3. State and Local Law Enforcement Response to Transnational Crime – National Criminal Intelligence Resource Center. (n.d.). Retrieved from https://ncirc.bja.ojp.gov/sites/g/files/xyckuh326/files/media/document/State_and_Local_Law_Enforcement_Response_To_Transnational_Crime.pdf
4. STRATEGY TO COMBAT TRANSNATIONAL ORGANIZED CRIME – Obama White House. (2011, July 19). Retrieved from https://obamawhitehouse.archives.gov/sites/default/files/Strategy_to_Combat_Transnational_Organized_Crime_July_2011.pdf
5. Combating Transnational Gangs Through Information Sharing – FBI. (2018, January 18). Retrieved from https://www.fbi.gov/news/testimony/combating-transnational-gangs-through-information-sharing
6. overviewof the law enforcement strategy to combat – Department of Justice. (2008, April 17). Retrieved from https://www.justice.gov/sites/default/files/ag/legacy/2008/04/23/ioc-strategy-public-overview.pdf