The Importance of Legal Counsel for a Target Letter

The Importance of Legal Counsel for a Target Letter

Receiving a target letter from a prosecutor or government agency indicating you are under investigation can be an incredibly stressful and frightening experience. Many questions likely flood your mind – why are they investigating me? What are they looking for? What are the potential consequences? What should I do next?

During this uncertain time, it is absolutely critical that you seek legal counsel to protect your rights and advocate on your behalf. An experienced attorney can provide invaluable guidance and representation to help you navigate the investigation process and achieve the best possible outcome.

What is a Target Letter?

A target letter is a notification sent to an individual or corporation informing them they are under investigation for potentially violating the law. Target letters are often sent by federal agencies like the IRS, SEC, or Department of Justice. They typically inform you:

• You have been identified as a target in an investigation
• The general violations or charges being considered
• A request or subpoena for documents, testimony, or other evidence

Receiving a target letter means investigators have reason to believe you may have broken the law. However, it does not necessarily mean you will be criminally prosecuted. The investigation is ongoing and no formal allegations or determinations have been made yet.

Why You Need a Lawyer After Getting a Target Letter

The most common feeling after getting a target letter is helplessness – like your life is spiraling out of control. The truth is the letter itself is not as important as how you respond to it. This is where working with a qualified white collar defense attorney can make all the difference.

An experienced federal defense lawyer can immediately begin assessing your case, formulating strategic defenses, and advocating for your best interests. They will handle all communications with investigators to prevent you from accidentally divulging damaging information. In fact, you should never speak to authorities without your lawyer present once you receive a target letter.

Most importantly, your attorney will advise if a target letter necessitates criminal prosecution or if your case can potentially be resolved through civil sanctions or other non-criminal dispositions. Every target letter situation is unique, so you need an attorney who can evaluate the specifics of your case and fight for the best possible outcome.

Key Reasons a Lawyer Is Vital After Receiving Target Letter

• Provide expert guidance on how target letters work and what to expect next
• Assess the nature and severity of allegations to formulate defense strategy
• Handle all communications with investigators and prosecutors
• Protect your constitutional rights against self-incrimination
• Work to mitigate charges or seek non-criminal dispositions
• Negotiate plea agreements if charges are filed
• Defend you in court if indictment and trial occurs

Responding to a Target Letter

Your first move after receiving a target letter should always be contacting a criminal defense lawyer or white collar defense lawyer. Under their counsel, an effective response letter should be drafted and sent to the issuing agency. The letter should:

• Acknowledge receipt of the letter
• Note legal counsel has been obtained
• Request further details and clarification on the investigation
• Open dialogue with the prosecution to work towards a non-criminal resolution

With your attorney involved from this initial stage, the hope is to clarify the allegations, provide explanatory information to investigators, and negotiate an agreement where criminal charges are ultimately not filed.

Avoiding Common Target Letter Mistakes

The following mistakes could severely compromise your case if made after receiving a target letter:

• Ignoring It – Simply ignoring the letter and not responding will likely spur investigators or prosecutors to be more aggressive in pursuing criminal charges.
• Waiting Too Long – Delaying involvement of legal counsel gives authorities more time to build a case against you.
• Speaking Without Counsel – Never speak to investigators without your lawyer present. Innocent comments could be used against you.
• Providing Untruths – Getting caught in a lie to federal agents is likely to spur obstruction charges.
• Withholding Documents – Failing to comply with requests or subpoenas for records can also spur obstruction charges.
• Panicking – Reacting emotionally often leads to rash decisions that hurt your case. Trust your lawyer’s counsel instead.

FAQs: Target Letters and Legal Counsel

Should I hire an attorney as soon as I receive a target letter?

Yes, it is imperative you engage legal counsel immediately upon receiving a target letter to protect your rights from the outset.

What happens if I ignore a target letter?

Ignoring a target letter will likely spur investigators to become more aggressive in pursuing criminal prosecution.

Do target letters mean I will be criminally charged?

No, many target letter investigations result in civil sanctions only or charges not being filed. Experienced counsel can help achieve the best outcome.

Can my lawyer prevent criminal charges from being filed?

An experienced white collar defense attorney can often negotiate with prosecutors to mitigate or decline criminal charges through civil dispositions or other agreements.

Receiving a target letter marks the beginning of a complex, high-stakes legal matter with serious potential consequences. Protect yourself by retaining qualified white collar defense counsel to respond to the letter and guide you through the investigation process. An attorney with specific experience handling target letter cases can analyze the allegations and evidence, formulate an effective defense strategy, and advocate for the best possible resolution under the circumstances.