FEDERAL CRIMINAL LAWYERS

Immediate Steps When You Receive a Target Letter

If you’ve just opened a letter from federal prosecutors informing you that you’re the target of a grand jury investigation—or you’re about to receive one—you’re probably experiencing shock, fear, confusion, and an overwhelming urge to call the prosecutor, explain yourself, or try to “fix” the situation—but what you do in the next hours and days will dramatically affect whether you’re indicted, what charges you face, and whether you have any chance of avoiding prosecution entirely, which is why understanding the exact steps to take when you receive a target letter could be the difference between indictment—and freedom.

Immediate Steps When You Receive a Target Letter

The moment you receive a target letter from the Department of Justice or U.S. Attorney’s Office, follow these critical steps: First, do not contact the prosecutor or any federal agents—no phone calls, no emails, no attempts to “explain” or “clear things up”—because anything you say will be used to build the case against you, and federal prosecutors are not your friends conducting a neutral investigation, they’re building a prosecution case and any statement you make without counsel will almost certainly hurt you, not help you.¹ Second, do not discuss the target letter or the investigation with anyone except your attorney—not your spouse, not your business partners, not your friends, not your employees—because anyone you talk to can be subpoenaed to testify about your statements, and prosecutors will use those conversations as evidence of consciousness of guilt, obstruction—or inconsistencies with other evidence.² Third, do not destroy, alter, or conceal any documents, emails, or other evidence related to the investigation—this constitutes obstruction of justice and creates separate federal charges that are often easier for prosecutors to prove than the underlying conduct being investigated, plus it demonstrates consciousness of guilt which prosecutors will use to persuade jurors you knew you committed crimes.³ Fourth, retain experienced federal criminal defense counsel immediately—not a local attorney who handles DUIs and state misdemeanors, not a civil attorney, but a lawyer with substantial experience defending federal criminal cases, handling federal grand jury proceedings, negotiating with federal prosecutors—and mounting proactive defenses during the pre-indictment phase.⁴ Fifth, do not testify before the grand jury without thorough preparation and strategic analysis with your attorney—the target letter invites you to testify, but this is almost never in your strategic interest, because you have no attorney in the grand jury room, prosecutors can ask you any questions they want, your testimony is recorded and can be used against you—and if you make any misstatements (even unintentional ones), you’ve created separate false statement charges under 18 U.S.C. § 1001.⁵ Once you retain federal defense counsel, your attorney will take immediate strategic steps: contact the prosecutor to understand the charges being considered, the evidence they’ve compiled, and the timeline for seeking indictment—review the target letter to analyze what specific conduct and statutes are mentioned—conduct an independent investigation to identify exculpatory evidence, witness statements, and documents that undermine the government’s case—evaluate whether a proffer session (meeting with prosecutors where you provide information under limited use immunity) serves your strategic interests—consider whether cooperation and providing information about others might lead to favorable treatment—analyze whether a pre-indictment defense presentation to prosecutors could convince them to decline charges or reduce the scope of charges—and develop a comprehensive strategy for either avoiding indictment entirely or positioning you for the best possible outcome if charges are filed.⁶ Your constitutional protections remain fully applicable when you receive a target letter—the Fifth Amendment privilege against self-incrimination means you cannot be compelled to provide testimony or evidence against yourself—the Fourth Amendment protects against unreasonable searches and seizures—and the Sixth Amendment guarantees your right to counsel, which you should exercise immediately even though it doesn’t technically attach until formal charges are filed, because the decisions you make in response to a target letter will determine whether those formal charges ever materialize.⁷

Attorney Actions

Counsel will contact prosecutors and investigate your case.

Common Mistakes

People destroy their cases by talking to prosecutors without counsel.

Why Spodek Law Group for Target Letters

If you’ve received a target letter, you need federal defense counsel who understands grand jury procedure—maintains relationships with federal prosecutors—and has proven success defending federal cases and convincing prosecutors to decline charges during the pre-indictment phase. The target letter represents both the worst news and the best opportunity—worst because it confirms you’re facing likely federal prosecution—best because you still have time before formal charges to mount a proactive defense, present exculpatory evidence, demonstrate weaknesses in the government’s case, and potentially convince prosecutors to decline charges or reduce the scope of the indictment they seek.⁶ Many people receiving target letters make the critical mistake of viewing the deadline in the letter as immovable and feeling pressured to respond immediately—but experienced federal defense counsel knows prosecutors routinely grant extensions when defense attorneys make reasonable requests, and the few extra days or weeks you gain to properly investigate your case, analyze the likely evidence against you, and develop a strategic response plan are infinitely more valuable than rushing to respond before you understand what you’re facing. The decision whether to invoke your Fifth Amendment right to remain silent or to cooperate with the investigation involves complex strategic analysis—cooperation through a proffer session or providing documents might lead prosecutors to view you more favorably, reduce charges, offer a cooperation agreement with sentencing benefits, or even decline prosecution if you provide valuable information about others—but cooperation also creates statements and evidence that can be used against you, locks you into a version of events that might conflict with evidence you haven’t seen yet, and risks false statement charges if anything you say turns out to be inaccurate even if you believed it was true when you said it, which is why cooperation decisions should never be made without experienced counsel conducting thorough due diligence first. Todd Spodek leads our federal defense practice as a second-generation criminal defense attorney who learned the craft from his father and has spent his entire career defending clients against federal prosecution—our firm brings more than 40 years of combined experience handling federal investigations and prosecutions, including representing clients in high-profile cases that attracted national media attention, and we’ve successfully responded to target letters in numerous cases by conducting proactive defense investigations, presenting exculpatory evidence to prosecutors, demonstrating weaknesses in the government’s case, and in multiple cases convincing prosecutors to decline charges entirely rather than seek indictment. The target letter creates enormous pressure and fear, but it also represents your best opportunity to influence the outcome—prosecutors haven’t formally charged you yet, they haven’t locked into their charging decision, and strategic defense work during this critical window can make the difference between facing federal prosecution and avoiding charges altogether—if you’ve received a target letter or suspect you’re about to receive one, contact us immediately at 212-300-5196 for a confidential consultation—every hour matters, and we’re here to guide you through this process, protect your constitutional rights, and fight for the best possible outcome. Call 212-300-5196 now.

Sources

¹ 18 U.S.C. § 1001 (false statements statute)

² Federal Rules of Evidence, Rule 801(d)(2) (party opponent admissions)

³ 18 U.S.C. § 1519 (obstruction of justice)

⁴ U.S. Constitution, Sixth Amendment (right to counsel)

⁵ Federal Rules of Criminal Procedure, Rule 6 (grand jury proceedings)

⁶ Department of Justice, U.S. Attorneys’ Manual § 9-27.600 (cooperation)

⁷ U.S. Sentencing Guidelines § 5K1.1 (substantial assistance)

⁸ Department of Justice, U.S. Attorneys’ Manual § 9-27.420 (pre-indictment conferences)