Target Letter vs. Grand Jury Subpoena: What’s the Difference?

Target Letter vs. Grand Jury Subpoena: What’s the Difference?

You are staring at two different documents from the federal government. One says you are a “target” of an investigation. The other says you must appear before a grand jury. Both arrived in official-looking envelopes. Both mention federal crimes. But these documents are not the same thing, and the consequences of how you respond to each one are completely different.

Welcome to Spodek Law Group. Our goal is to break down what these documents actually require – because the legal consequences of each one are completely different. Most websites blur this distinction. We believe you deserve to understand exactly what you are holding, what it demands from you, and what happens if you ignore it.

Here is the fundamental distinction. A target letter is a WARNING. A grand jury subpoena is a COMMAND. One is optional to send and optional to answer. The other is legally compulsory. Confuse them, and you could either panic over something that requires no immediate action – or ignore something that will land you in federal custody for contempt.

Two Documents, Two Completely Different Legal Realities

Lets start with the basic difference that nobody explains clearly.

A target letter is a courtesy notification. According to DOJ policy, federal prosecutors are ENCOURAGED to send target letters to people who are classified as targets of a grand jury investigation – but there is no legal requirement to do so. Many targets never recieve one. They wake up to an arrest or find out there charged when there name appears on a press release.

The target letter itself has no legal force. It dosent require you to do anything. It dosent have a deadline. It dosent compel your appearance anywhere. You could theoretically throw it in the garbage and wait to see what happens. That would probably be a terrible idea strategically – but it would not be illegal.

A grand jury subpoena is completly different. Under Rule 17 of the Federal Rules of Criminal Procedure, a subpoena is a court order that compels you to appear, testify, or produce documents. It has a date on it. Miss that date without a valid legal excuse, and the court can hold you in contempt. Contempt means potential jail time – not after a trial, not after a conviction, just for refusing to show up.

Heres the irony nobody mentions. The target letter announces WORSE news about your legal situation. It tells you that prosecutors consider you a putative defendant with substantial evidence against you. But the subpoena – which might be addressed to a mere witness with no criminal exposure at all – carries all the legal force. The scarier document is the one you can ignore. The routine-looking one is the one with teeth.

What a Target Letter Actually Says (And What It Doesn’t Require)

Target letters vary in format, but they typically include several standard elements.

First, they inform you that you are classified as a “target” of a federal grand jury investigation. This means prosecutors beleive there is substantial evidence linking you to the commission of a crime. Second, they usually identify the general subject matter of the investigation – wire fraud, tax evasion, conspiracy, whatever it is. Third, they advise you of your Fifth Amendment right to remain silent and your right to consult with an attorney.

Some target letters include an invitation to appear before the grand jury. Some offer the opportunity for a “proffer” session with prosecutors. Some simply notify you of your status without offering anything at all.

But heres what the target letter does NOT do. It does not require you to respond. It does not require you to appear. It does not require you to produce documents. It does not have a deadline. If you hire an attorney tomorrow or three weeks from now, there is no legal consequence to the delay – only strategic consequences.

The target letter is a snapshot of were you stand in the investigation. Its a classification. Its information. But it is not a command.

What a Grand Jury Subpoena Actually Commands

A grand jury subpoena is an entirely different animal. There are two types.

A subpoena ad testificandum commands you to appear before the grand jury and provide testimony. You must show up on the date specified, enter the grand jury room, and answer questions under oath.

A subpoena duces tecum commands you to produce documents – financial records, emails, contracts, whatever the subpoena describes. You must gather those documents and deliver them by the specified date.

Either way, the subpoena is not optional. According to federal court rules, failure to obey a subpoena can be treated as contempt of court. The penalties for contempt in federal court can include fines and imprisonment. Your held in custody until you comply – or until the grand jury’s term expires.

A grand jury subpoena has a DATE on it. That date is a deadline. Miss it, and you are in potential violation of a federal court order.

This is were people get confused. They recieve a target letter and panic, thinking they have to do something immediatly. Or they recieve a subpoena and treat it casually, not realizing that ignoring it is itself a federal offense. The documents look similar – official letterhead, formal language, mentions of grand juries. But the legal weight they carry is completly different.

Why DOJ Prefers Not to Subpoena Targets

OK so heres were things get interesting. DOJ policy actualy DISCOURAGES prosecutors from subpoenaing targets to testify before the grand jury.

According to the Justice Manual, before a known target is subpoenaed to testify about there involvement in the crime under investigation, prosecutors should first try to secure a VOLUNTARY appearance. Only if voluntary cooperation fails should the prosecutor seek to compel testimony – and even then, the United States Attorney or responsible Assistant Attorney General must approve the subpoena.

Think about what this means. If your a target and you recieved a grand jury subpoena, someone at the U.S. Attorney’s Office made a deliberate decision to override the default policy. They wanted your testimony badly enough to compel it rather then request it.

This reveals something about prosecutorial strategy. Either there genuinely uncertain about some aspect of the case and want to see what you say under oath. Or there building a case against someone else and need your testimony as evidence. Or there setting a perjury trap, hoping youll lie about something they can prove.

Whatever the reason, a subpoena issued to a target signals that prosecutors beleive your testimony is unusualy important. That information matters for your defense strategy.

When You Receive Both at Once: What It Signals

Sometimes people recieve a target letter and a grand jury subpoena together – in the same envelope or on the same day.

This is not a coincidence. DOJ policy requires that when prosecutors DO subpoena a target, they must accompany the subpoena with a target letter informing the person of there status and there rights. So recieving both documents together tells you something specific: prosecutors want to compel your testimony, and there acknowledging your already in the crosshairs.

Todd Spodek has represented clients who recieved both documents on the same day – and the strategy for each situation is radically different. When you recieve just a target letter, you have time to negotiate, present exculpatory evidence, or explore cooperation before the grand jury ever votes. When you recieve a subpoena attached to that letter, theres already a date on the calendar when you must appear.

The combination signals urgency. The target letter alone gives you a window. The subpoena closes that window to a specific deadline.

The Fifth Amendment Trap Inside the Grand Jury Room

Many people assume the Fifth Amendment protects them completly in grand jury proceedings. It dosent.

Heres what the Fifth Amendment actualy does. It allows you to refuse to answer specific questions if a truthful answer would tend to incriminate you. Thats it. It does not allow you to refuse the subpoena. It does not allow you to skip the appearance. It does not allow you to stay home and assert your rights in writing.

Even if you plan to invoke the Fifth Amendment on every single question, you still have to SHOW UP. You still have to enter the grand jury room. You still have to sit there while prosecutors ask questions and you repeatedly say “I invoke my Fifth Amendment privilege.”

And heres the catch. Your attorney cannot come into the room with you. As experienced practitioners explain, grand jury proceedings are one-sided – there is no defense attorney present inside the room. Your lawyer waits outside. You can leave the room to consult with them between questions, but when your sitting in front of the grand jurors and the prosecutor, your alone.

If you invoke the Fifth Amendment incorrectly – answering some questions and refusing others – you may waive your privilege for related topics. The prosecutor can argue you selectively invoked, which undermines your entire protection.

This is why legal representation is critical before any grand jury appearance. Not after. Before. Your attorney needs to prepare you for exactly how to invoke your rights, which questions to expect, and how to avoid the traps that turn witnesses into defendants.

The Immunity Trap: When the Fifth Amendment Disappears

Heres something most people dont realize until its too late. The Fifth Amendment is not absolute. Prosecutors have a tool that can strip it away completly.

If the government grants you immunity, they can compel your testimony even if it would otherwise incriminate you. The logic is simple – if your testimony cannot be used against you, then you have nothing to protect yourself from. The Fifth Amendment privilege vanishes. You MUST answer the questions.

There are two types of immunity. “Use immunity” means the government cannot use your specific testimony against you in a later prosecution – but they can still prosecute you based on OTHER evidence they discover independantly. “Transactional immunity” is broader – it means they cannot prosecute you at all for the crimes covered by your testimony. Federal prosecutors almost always grant use immunity, not transactional immunity.

Think about what this means. The prosecutor grants you immunity. You must testify. You answer questions under oath. The prosecutor cannot use your exact words against you – but everything you say helps them understand were to look for other evidence. You mention a document, they subpoena it. You mention a conversation, they interview the other person. You explain your role, they use that understanding to build a case around independent evidence.

Todd Spodek has seen this play out many times. A witness invokes the Fifth, thinking there protected. The prosecutor grants immunity. Now the witness must testify – and the testimony leads investigators to evidence they would never have found otherwise. The immunity protected the words. It didnt protect the person.

If you recieve a grand jury subpoena and plan to invoke the Fifth Amendment, you need to understand that immunity is always on the table. The prosecutor can override your silence whenever they decide your testimony is worth more then your prosecution.

What Happens If You Ignore Each Document

Lets trace the consequences for ignoring each document.

Ignoring a target letter: Nothing happens immediatly. Theres no deadline you missed. Theres no contempt charge. The investigation continues whether you respond or not. Eventually, you may be indicted – but you would have been indicted anyway. The target letter was information, not obligation.

Strategically, ignoring a target letter is usually a terrible idea. You lose the window to negotiate, present evidence, or explore cooperation. But legally, ignoring it is not a crime.

Ignoring a grand jury subpoena: Contempt of court. The court can issue a bench warrant for your arrest. You can be detained and brought before the judge to explain why you didnt appear. Federal contempt can result in up to 18 months imprisonment per charge. And if the grand jury is still investigating when that term ends, prosecutors can empanel a new grand jury and start over – holding you again until you comply.

The subpoena carries the full weight of federal court authority. Ignoring it is not an option. Your only legal paths are to appear, to file a motion to quash the subpoena (arguing its invalid for some reason), or to negotiate with prosecutors for different terms.

The Decision Tree: Every Option and Its Consequence

Lets map out your options for each document. Understanding the full decision tree helps you see were each path leads before you take the first step.

If you received only a target letter:

Option 1: Contact an attorney immediatly. Your attorney reaches out to prosecutors, opens communication, potentially presents exculpatory evidence or explores cooperation. This is the window most defendants never get. The prosecutor hasnt presented to the grand jury yet. There investment in your case is still minimal. This is when plea negotiations, declinations, or cooperation agreements are most achievable.

Option 2: Wait and see. The investigation continues. You get indicted without ever engaging. You’ve wasted the only pre-indictment leverage you had. Once charges are filed, your negotiating position collapses. The 93% federal conviction rate kicks in. Everything becomes harder, more expensive, and more likely to end badly.

Option 3: Contact prosecutors yourself. This is almost always a mistake. Anything you say becomes evidence. You have no protection. You dont know what there looking for. You might inadvertantly confess to crimes you didnt know you were being investigated for. You might contradict yourself in ways that create new charges. Prosecutors are trained to extract information. You are not trained to withhold it.

If you recieved a grand jury subpoena (without target letter):

Option 1: Appear and testify truthfully. You provide information as a witness. You may help or hurt someone else’s case. Your own exposure depends on what you say. But heres the danger – you dont know what the prosecutor already knows. You might say something that contradicts other evidence, creating a perjury problem. You might inadvertantly implicate yourself in conduct you didnt realize was criminal.

Option 2: Appear and invoke Fifth Amendment. You must still show up. You invoke the privilege on questions that could incriminate you. The grand jury draws whatever conclusions they draw. But your protected from making statements that become evidence against you. This requires careful preperation – knowing which questions to invoke on and how to do it properly.

Option 3: File a motion to quash. You argue the subpoena is overbroad, burdensome, or otherwise invalid. Courts rarely grant these motions, but the option exists. Some attorneys use the motion process to buy time, to negotiate with prosecutors, or to learn more about the investigation’s scope.

Option 4: Ignore it. Contempt charges. Possible arrest. Federal detention until you comply. This is never the right answer unless you are willing to sit in federal custody indefinatley.

If you recieved BOTH together:

You are a target AND you’ve been commanded to appear. This is the most dangerous position. You must respond to the subpoena – but everything you say can become evidence against you. The Fifth Amendment is your only protection inside that room, but invoking it has its own complications. And immunity can override even that protection.

At Spodek Law Group, we see these cases constantly. The clients who recieve both documents need representation before that appearance date arrives. The strategy for appearing as a target is completly different from appearing as a witness – and getting it wrong can destroy your defense.

Your First 48 Hours After Receiving Either Document

Heres exactly what you need to do.

Hours 1-24: Contact a federal criminal defense attorney. Not a general practice lawyer. Not your divorce attorney. Someone who handles federal grand jury matters specifically. Call Spodek Law Group at 212-300-5196. The consultation is free.

Hours 24-48: If you recieved a subpoena, identify the date. Your attorney may need to negotiate an extension or prepare you for appearance. If you recieved only a target letter, gather any documents or information that might be relevant – but dont review them yourself trying to figure out what matters.

After 48 hours: Strategy begins. For target letters, your attorney contacts prosecutors to understand the investigation and explore options. For subpoenas, your attorney prepares you for testimony or files appropriate motions.

Todd built Spodek Law Group around cases exactly like this – situations were understanding the technical differences in federal procedure can determine your future. The distinction between a warning and a command is everything. Treat one like the other, and you either waste leverage or violate a court order.

You recieved a document from the federal government. Before you decide how to respond, you need to know exactly what your holding. A target letter opens a window. A subpoena sets a deadline. Both require action – but the action required is completly different.

Dont assume. Dont guess. Call someone who knows the difference.