What Crimes Trigger Federal Target Letters? An Overview of Common Offenses

What Crimes Trigger Federal Target Letters? An Overview of Common Offenses

Receiving a federal target letter can be an intimidating and concerning experience. This article provides an overview of common crimes that may lead to a target letter, what to do if you receive one, and the implications.

What is a Federal Target Letter?

A federal target letter is a written notification from a U.S. Attorney’s Office or the Department of Justice informing an individual that they are the target of a federal criminal investigation[1]. The letter typically provides information about the nature of the investigation and the specific crime or crimes the government suspects the individual of committing[2].

According to the Department of Justice, a target is “a person as to whom the prosecutor or the grand jury has substantial evidence linking them to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant”[1].

So in simple terms, receiving a target letter means the government has reason to believe you may have committed a federal crime. However, it does not necessarily mean you will be indicted or formally charged[2].

Common Federal Crimes that Lead to Target Letters

While any federal crime could potentially trigger a target letter, some of the most common offenses include:

• White collar crimes such as fraud, embezzlement, tax evasion
• Securities fraud, insider trading
• Bribery, public corruption
• Money laundering, financial crimes
• Drug trafficking, distribution
• Firearms trafficking, explosives violations
• Cybercrimes, computer hacking
• Healthcare fraud, false claims
• Environmental crimes

Investigative agencies like the FBI, IRS, SEC, DEA, ATF, and others may issue target letters regarding crimes within their jurisdiction[2]. The key is that the government believes it has substantial evidence linking the individual to a federal offense.

What Should You Do if You Receive a Target Letter?

If you receive a federal target letter, here are some important steps to take:

1. Consult with an experienced criminal defense attorney immediately. Do not speak to investigators without counsel present[2][3].
2. Carefully review the letter to understand the allegations and your rights[3].
3. Gather and preserve all relevant documents and evidence[2].
4. Consider responding to the letter through your attorney. You may be able to provide context or exculpatory evidence[3].
5. Do not destroy any evidence, lie to investigators, or otherwise obstruct justice – this can lead to additional charges[1].
6. Remember that receiving a letter does not mean you will definitely be indicted. Outcomes vary case-by-case[4].
7. Be cautious about contacting investigators directly. This can be risky without legal guidance[5].

In some cases, experienced attorneys may be able to negotiate with prosecutors or limit the scope of the investigation through early intervention[2]. But every situation is unique, so legal counsel is critical.

How a Target Letter Differs from an Indictment

There are some key differences between receiving a target letter versus an indictment[4]:

• A target letter is an early notification of possible charges, while an indictment is a formal criminal charge.
• A target letter does not definitively mean charges will follow, but an indictment signals charges are moving forward.
• Not everyone who gets a target letter will be indicted, but if you are indicted, prosecution is almost certain.
• A target letter aims to notify you early on, while an indictment may come after significant investigation.

So while a target letter is serious, it leaves open the possibility that charges may not materialize. An indictment means prosecutors are committed to prosecuting the case[4].

Takeaways if You Receive a Federal Target Letter

Receiving a target letter is a serious matter requiring immediate legal advice. But it does not necessarily mean you will be indicted or convicted. With experienced counsel, some outcomes may still be negotiated favorably. Critical do’s and don’ts include:

• Do consult an attorney immediately.
• Do comply with all instructions in the letter.
• Do gather relevant evidence and documents.
• Do NOT destroy any evidence.
• Do NOT speak to investigators without an attorney.

While frightening, a target letter should also motivate you to engage knowledgeable legal counsel to protect your rights and interests during the investigation process.

References

[1] Grand Jury Manual, DOJ

[2] Target Letters from Federal Law Enforcement

[3] I Received a Target Letter, Now What?

[4] Target Letter vs. Indictment in Criminal Investigations

[5] What is a Federal Target Letter?