Takeaways From Sample and Example Federal Target Letters

Takeaways From Sample and Example Federal Target Letters

Receiving a federal target letter can be an intimidating experience. This type of letter indicates that you are under investigation by a federal agency like the FBI, DEA, or IRS. The letter typically states that the government has evidence linking you to a potential crime. While scary, a target letter also presents an opportunity to avoid formal criminal charges. With the help of an experienced federal defense attorney, many people are able to resolve target letter investigations without an indictment.

Here are some key takeaways when dealing with a federal target letter:

Don’t Panic

The letter is meant to get your attention–and it works! But don’t let fear cause you to act irrationally. A target letter does not necessarily mean you will be criminally charged. Take a breath and focus on smart next steps.

Say Nothing

You have the right to remain silent. Do not speak to investigators without an attorney present. Anything you say can be used against you, even if you are trying to explain your innocence.

Hire an Attorney Immediately

Consult with a lawyer as soon as possible after receiving a target letter. An experienced federal defense attorney can advise you on your rights, review the government’s evidence, and guide your response.

Take It Seriously

While a target letter alone does not guarantee criminal charges, it does indicate the government is seriously investigating you. Retaining counsel shows you take the matter seriously.

Respond Carefully

With your attorney’s help, thoughtfully consider how to respond. Providing information voluntarily could be risky. But ignoring the letter altogether could anger investigators.

Explore Resolution

In some cases, it may be advantageous to negotiate a resolution prior to formal charges. An attorney can engage with prosecutors to see if a deal can be reached.

Don’t Obstruct

Be careful not to destroy evidence or obstruct the investigation, which could lead to additional charges.

Get Support

The situation can take an emotional toll. Confide in trusted friends and family. Your attorney can also connect you with resources.

While every case is different, following these guidelines will put you in a stronger position when contending with a federal target letter. An experienced lawyer can provide the insight and advocacy needed to overcome this challenge.

How Target Letters Are Delivered

There are a few different ways you may receive a target letter:

• Certified mail – The letter will require a signature confirming receipt.
• Hand delivery – An agent may personally deliver the letter and have you sign.
• Email – Some letters are now sent electronically.

Regardless of delivery method, take the letter seriously and follow the steps above.

Why Prosecutors Issue Target Letters

There are several reasons prosecutors send target letters:

• Inform you that you are under investigation
• Notify you of potential charges
• Request you take some action (e.g. testify, meet with investigators)
• Encourage retaining legal counsel
• Prompt cooperation with the investigation

While not legally required, target letters can help prosecutors build cases and avoid surprises down the road.

Target vs. Subject

There is an important distinction between being a target versus a subject:

• Target – Prosecutors have substantial evidence linking you to a crime.
• Subject – You may have information related to a crime but are not believed to have committed it.

Subjects sometimes become targets as more evidence is uncovered. If you receive a letter identifying you as a target, it signals significant suspicion of criminal activity.

Crimes That Prompt Target Letters

While any federal crime can warrant a target letter, common examples include:

• Securities fraud
• Embezzlement
• Bribery
• Tax evasion
• Money laundering
• Medicare/Medicaid fraud
• Drug trafficking

White collar crimes like fraud are routine sources of target letters, but letters can relate to any federal offense.

Responding to a Target Letter

Here are steps your attorney may take in response to a target letter:

• Contact prosecutors to open up a dialogue
• Work to negotiate a favorable resolution pre-indictment
• Avoid voluntary interviews with investigators
• Assert your Fifth Amendment rights
• Review the evidence and potential defenses
• Discuss the possibility of cooperating, if appropriate

The key is developing a strategic response rather than acting rashly. An attorney experienced with target letters can craft the right approach.

Why You Shouldn’t Ignore a Target Letter

It may be tempting to disregard a target letter, but that is not advisable. Here’s why you shouldn’t ignore it:

• The investigation will proceed with or without your cooperation
• Remaining silent could prompt prosecutors to take a more aggressive stance
• An indictment could broadside you if you fail to engage
• You lose the opportunity to advocate your position
• Any defense will be tougher post-indictment

While a target letter is not to be dismissed, neither is it a definitive condemnation. Retaining counsel promptly allows you to thoughtfully navigate the situation.

Potential Defenses

Depending on the circumstances, possible defenses may include:

• Lack of criminal intent – You made an honest mistake rather than willfully violating the law.
• Entrapment – The government induced you to commit a crime you otherwise wouldn’t.
• Self-defense – Your actions protected yourself or others from harm.
• Duress – You were coerced into activity under threat.
• Statute of limitations – Too much time has passed since the alleged crime.

An experienced lawyer can evaluate defenses and craft the most advantageous strategy.

Getting Support

Being under federal investigation can negatively impact mental health and relationships. It’s important to have support systems in place. Consider:

• Talking to trusted friends and family
• Seeking counseling or therapy
• Joining a support group of others going through similar circumstances
• Relying on your faith community
• Making time for self-care through exercise, hobbies, etc.

Don’t be afraid to ask your attorney to connect you with resources as well. You don’t have to go through this alone.

Contact a Federal Defense Lawyer Today

Receiving a target letter from a U.S. Attorney or federal agency marks the beginning of a serious legal battle. But with an experienced attorney guiding you, it does not have to be the end. A skilled lawyer can stand up to the government on your behalf and work to achieve the best possible outcome. Don’t wait to get counsel on your side.