Target Letters

What is a Federal Target Letter?

A federal target letter is a formal notice from federal prosecutors indicating that you are under investigation for violating federal law. This letter is commonly issued to individuals suspected of serious felonies, particularly white-collar crimes such as securities fraud, bankruptcy fraud, mortgage fraud, or wire fraud.

“I have received a target letter from a federal prosecutor. Now what?”

If you receive a federal target letter, your first step should be to contact federal criminal defense attorne Nate Crowley. A target letter serves as a serious wake-up call, signaling that you need professional legal representation to handle your case.

This is an urgent matter because the issuance of a target letter is often the final step taken by the prosecuting attorney before seeking an indictment. In this scenario, you are the central focus of the federal criminal investigation—the “bull’s-eye,” so to speak.

You may have very little time before you’re indicted for a federal offense. Ignoring the letter or attempting to represent yourself is highly inadvisable and often leads to poor outcomes.

What Does It Mean to Be a Target of a Federal Investigation?

According to Section 9-11.151 of the U.S. Attorneys’ Manual, a “target” is defined as a person against whom there is “substantial evidence linking them to the commission of a federal crime.” This means that the federal prosecutor has likely already gathered evidence against you or is actively working to do so.

If you find yourself the target of a federal investigation, securing experienced legal help immediately is crucial. Without it, you could face indictment and stand before a judge and grand jury in a matter of days.

Are a Target and a Subject of a Federal Investigation the Same Thing?

Technically, a “target” and a “subject” of a federal investigation are not the same, though both designations demand urgent and expert legal representation.

According to the U.S. Department of Justice (DOJ), the term “subject of an investigation” refers to “a person whose conduct is within the scope of a grand jury investigation,” who may also be a witness to the offense. While the subject’s actions may appear suspicious or unethical, they are not necessarily classified as provable or criminal in nature.

However, the subject of a federal criminal investigation should still hire a defense lawyer immediately. The prosecution may shift its focus and designate the subject as a “target.” This is why it’s crucial never to agree to an interview without legal representation—an unintentional statement could lead to a shift from being a “subject” to a “target.”

It is also essential never to respond to a federal target letter on your own. Let an experienced federal criminal defense attorney, such as Nate Crowley, handle it for you.

A Target Letter Is a First Chance to Act

A swift, appropriate, and professional response to a federal target letter is crucial, as it represents the first of very few opportunities your federal defense lawyer has to convince the prosecutor to forgo an indictment. By presenting mitigating information, your lawyer may be able to negotiate a plea agreement, potentially avoiding the issuance of an arrest warrant.

How Does a Federal Defense Lawyer Respond to a Target Letter?

Once you have submitted your target letter to federal defense attorney Nate Crowley, he will review it and have an in-depth conversation with you about the nature of the investigation, outlining the next steps.

Typically, the first step for your criminal defense lawyer is to contact the Assistant United States Attorney (AUSA) handling the investigation. This allows the lawyer to understand the nature of the evidence and why it has drawn the attention of the federal government.

Your lawyer will then explain your options to avoid indictment and outline potential strategies for resolving the case.

The two most common options are:

1. Conducting a proffer meeting, where you are afforded limited immunity in exchange for telling your side of the story.
2. Submitting a request to testify before the grand jury to present your case directly.

What Is a Proffer Meeting?

If you receive a federal target letter, your defense attorney may opt to schedule a proffer meeting with the Assistant United States Attorney (AUSA) and the lead investigator handling your case. This meeting acts as a debriefing where your lawyer learns what conduct has led to the issuance of the target letter.

A proffer meeting gives the recipient of the letter an opportunity to explain their behavior and provide a full account of the actions that triggered the federal investigation. It’s a chance to present mitigating information, clarify the reasons behind their conduct, and argue that while the behavior might be questionable, it wasn’t criminal.

A successful proffer meeting can lead to positive outcomes, such as the dismissal of the criminal investigation, redirection of the investigation toward a new target, or the decision not to pursue an indictment. The target may also negotiate a plea bargain during the proffer, avoiding the need to present their case to a grand jury.

During the meeting, the target is afforded limited immunity, provided they are fully truthful with the AUSA and lead investigator. Your criminal defense attorney plays a vital role, ensuring that nothing said during the proffer can later be used against you if the case proceeds to trial.

It is crucial to have your defense lawyer present to ensure that your statements during the proffer are consistent. If you later testify at trial and contradict what was said during the proffer meeting, you could face prosecution for providing false information.

Request to Testify Before the Grand Jury

If the recipient of a target letter is entirely innocent but the federal prosecutor doesn’t believe them, their defense attorney may request that they testify before the grand jury. This is a common step if the AUSA insists on continuing the investigation or pursuing an indictment.

Generally, requests to testify before the grand jury are granted unless doing so would delay the federal investigation. The target may also ask the grand jury to hear testimony from specific witnesses or consider new evidence that proves their innocence.

Ignoring the Federal Target Letter

One of the worst decisions a target can make is to ignore a federal target letter.

Ignoring a federal target letter significantly increases the risk of indictment on multiple federal charges. If the target fails to respond, the prosecution may ask the grand jury to indict them for the most serious crimes related to the alleged criminal activity.

Federal criminal cases often end in convictions, and being indicted for multiple serious crimes can lead to a severe recommended prison sentence under the Federal Sentencing Guidelines. Had the target responded to the letter and engaged in good faith negotiations with the prosecution, they might have avoided indictment on multiple or the most serious charges.

Contact Federal Criminal Defense Lawyer Nate Crowley

If you have received a federal target letter in San Diego, CA, or any other city in California, contact federal criminal defense attorney Nate Crowley. The initial consultation is free, and I am available to listen to your story and help initiate a proffer meeting. Take charge of your situation before it takes control of your life.

Contact Nate Crowley, Criminal Federal Defense Lawyer

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Phone (619) 202-8188 OR email admin@crowleycrowleylaw.com