What is a federal target letter, and what should you do if you get one?

Q: What is a federal target letter, and what should you do if you get one?

A federal target letter is a written notice from a United States Attorney's Office informing a person that they are a target of a grand jury investigation — meaning prosecutors have substantial evidence linking them to a crime and consider them a putative defendant. It usually advises of the right to counsel and the right against self-incrimination, and often invites testimony or contact from counsel. The correct response is to retain counsel immediately, preserve documents, and not speak to investigators directly.

The Justice Manual divides people connected to a grand jury investigation into three categories. A witness has information but is not suspected of wrongdoing. A subject is a person whose conduct is within the scope of the investigation. A target is "a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant." A target letter is written notice that you are in the third category.

What the letter typically says

Target letters are short and follow a standard form. They identify the office and the assistant United States attorney handling the matter, state that a federal grand jury is investigating specified conduct — often by statute or general subject rather than in detail — and advise that the recipient is a target. They advise of the right to remain silent, that anything said can be used against the recipient, and of the right to counsel, including appointed counsel for those who cannot afford it. Many include an invitation to testify before the grand jury or to have counsel contact the office.

What it does and does not mean

It does not mean charges have been filed. No indictment exists at the time a target letter goes out, and there is no court case yet. It does mean prosecutors have developed evidence they consider substantial and are contemplating presenting the matter to a grand jury, if they have not begun to.

It also does not mean charges are inevitable. Investigations close without charges. Targets become subjects. Charges narrow. The window between a target letter and an indictment is one of the few points in a federal case where advocacy can affect whether there is a case at all, rather than only how it ends.

Why declining to testify is usually the right call

The invitation to testify before the grand jury is real, but accepting it is rarely advisable, for structural reasons. Grand jury proceedings are one-sided. Counsel may not be present in the room; a witness may leave to consult counsel outside, which is awkward and conspicuous. There is no judge presiding, no cross-examination, and no opportunity to put testimony in context. The rules of evidence largely do not apply. The prosecutor controls the questions, and the transcript becomes locked-in testimony that can support a false statement charge under 18 U.S.C. § 1001 or a perjury charge under 18 U.S.C. § 1623 independent of the underlying investigation.

The Fifth Amendment privilege against self-incrimination applies fully. A target may decline to answer, and the invocation cannot be used as evidence of guilt in a criminal case.

What actually matters in the first week

Retain counsel experienced in federal practice before doing anything else, and have counsel make the contact with the government.
Stop deleting anything. Preserve documents, email, text messages, and devices. Destruction after notice of an investigation can support obstruction charges under 18 U.S.C. §§ 1512 or 1519 that are often easier to prove than the conduct under investigation.
Do not discuss the matter with colleagues, family, or co-workers who may themselves be witnesses. Those conversations are discoverable and can be characterized as an attempt to influence testimony.
Do not submit to an interview with agents without counsel. There is no requirement to speak, and a false or inaccurate statement to a federal agent is itself a felony under § 1001, even if the underlying conduct was lawful.
If a company is involved, understand whose counsel is whose. Corporate counsel represents the entity, not the employee, and the entity may waive privilege and produce internal investigation materials to the government.

What counsel can do before an indictment

Pre-indictment advocacy is a defined practice. Counsel can obtain a proffer or reverse-proffer meeting in which the government describes its evidence and the defense responds. Counsel can submit a written declination memorandum arguing that the conduct does not satisfy the elements, that intent cannot be proved, or that the matter is properly civil or regulatory. Counsel can negotiate the scope of any charge, the forum, and whether a resolution short of indictment is available. In some matters counsel can present exculpatory evidence the government has not seen.

None of this is available after an indictment on the same terms. Once a grand jury returns a true bill, the institutional posture of the office changes, the case is public, and the defendant is in court.

Related notices

A target letter is distinct from a grand jury subpoena, which compels documents or testimony and may be served on witnesses, subjects, or targets. It is also distinct from a preservation letter, which directs a company to retain records, and from a civil investigative demand, which is a False Claims Act tool. Receiving a subpoena as a custodian of records does not mean you are a target; receiving a target letter means precisely that.

This explainer describes general federal law and procedure. It is general information, not legal advice, and no attorney-client relationship arises from reading it.

What a Federal Target Letter Is, and What It Signals