What Is A Target Letter From DOJ

What Is A Target Letter From DOJ

You received a letter from the U.S. Attorney’s Office informing you that you’re the target of a federal criminal investigation and you’re terrified about what this means. A target letter is formal written notification from federal prosecutors that you’re the target of a grand jury investigation for specific federal crimes. Target means prosecutors believe you committed crimes and intend to seek indictment against you. The letter typically identifies the statutes you allegedly violated, briefly describes the conduct being investigated, informs you of your rights, and offers you opportunity to provide information to prosecutors or testify before the grand jury before they seek indictment. Target letters are serious – they mean indictment is imminent unless you convince prosecutors otherwise or negotiate cooperation agreement.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, who has defended clients who received target letters for many, many years. We’ve represented people facing target letters for white-collar fraud, drug trafficking, public corruption, tax crimes. Target letters create narrow window of opportunity – typically 2-4 weeks – to intervene before indictment. How you respond determines whether you’re charged, what charges are filed, and whether cooperation or other resolutions are possible. Understanding what target letters mean and what your options are is critical to protecting yourself.

What Target Letters Contain

Identification of investigation – letter states that you’re target of federal grand jury investigation. Specific statutes – letter lists federal criminal statutes (18 U.S.C. §§) you allegedly violated. This tells you what crimes prosecutors believe you committed. Brief description of conduct – letter summarizes alleged criminal conduct: fraud scheme, drug trafficking, false statements, whatever prosecutors are investigating. Description is typically vague and doesn’t reveal all evidence prosecutors have. Advice of rights – letter informs you of Fifth Amendment right against self-incrimination and Sixth Amendment right to counsel.

Invitation to cooperate or present information – letter typically states that you have opportunity to provide information to prosecutors, testify before grand jury, or make presentation before prosecutors seek indictment. This is offering you chance to convince them not to charge you or to negotiate cooperation agreement. Deadline – letter provides deadline (usually 2-4 weeks) to respond. After deadline, prosecutors will proceed to seek indictment. Contact information for prosecutor handling investigation. These letters follow DOJ manual’s recommendation that prosecutors notify targets before seeking indictment when appropriate, though prosecutors aren’t required to send target letters in all cases.

What It Means to Be a Target

U.S. Attorneys’ Manual defines “target” as person whose conduct is within scope of grand jury’s investigation and against whom prosecutor or grand jury has substantial evidence linking them to commission of a crime. Being target means prosecutors believe they have enough evidence to charge you and obtain conviction. Target status is most serious classification – compared to “subject” (person whose conduct is within scope of investigation but isn’t current target) or “witness” (person with information but no criminal exposure). Target letters mean prosecutors have completed most of investigation, assembled evidence, and are prepared to indict unless you provide compelling reasons not to.

Grand jury indictment rates exceed 99% – once prosecutors decide to seek indictment, grand juries almost always return true bills. Target letters are warnings that indictment is coming. Some prosecutors send target letters as courtesy to allow voluntary surrender rather than arrest, to offer cooperation opportunities, or to comply with DOJ policies encouraging notice. Others don’t send target letters and indict without warning. Receiving target letter doesn’t guarantee indictment – some targets successfully convince prosecutors to decline prosecution or negotiate resolutions avoiding charges. But default expectation is that target letter recipients will be indicted within weeks.

Should You Testify Before Grand Jury

Generally no – testifying before grand jury as target is almost always mistake. If you testify, you waive Fifth Amendment privilege for that testimony. You’re subject to cross-examination by prosecutors in hostile environment without your attorney in room (attorney must wait outside, you can take breaks to consult). Anything you say can be used against you at trial. If your testimony is inconsistent with other evidence or with statements you made elsewhere, you can be charged with perjury under 18 U.S.C. § 1621 or false declarations under § 1623. If you refuse to answer questions and assert Fifth Amendment after starting to testify, prosecutors can tell grand jury you invoked privilege – making indictment more likely.

Grand jury proceedings are controlled by prosecutors – you have no right to present witnesses, introduce evidence, or cross-examine accusers. Grand jury will hear only prosecution’s side, and you’ll face hostile questioning without procedural protections that exist at trial. The invitation to testify before grand jury is trap in most cases – prosecutors hope you’ll incriminate yourself, provide inconsistent statements they can use to impeach you later, or waive Fifth Amendment privilege. In rare circumstances, testifying might be strategically beneficial, but only when carefully evaluated with experienced counsel and only when you have compelling exculpatory testimony that might genuinely convince prosecutors not to indict. Even then, safer approach is attorney presentation to prosecutors outside of grand jury.

Attorney Presentations to Prosecutors

Instead of testifying before grand jury, your attorney can make presentation directly to prosecutors outside of grand jury. This allows your attorney to present exculpatory evidence, explain defenses, argue why charges aren’t warranted, or propose alternative resolutions – all without you waiving Fifth Amendment or subjecting yourself to cross-examination. Presentations can include documents, witness statements, expert opinions, legal memoranda, or factual narratives showing why prosecution isn’t justified. These presentations are safer than grand jury testimony because your attorney controls what’s said and you don’t personally make statements that could be used against you.

Successful presentations convince prosecutors that evidence is insufficient, defenses are likely to succeed, witnesses are unreliable, conduct wasn’t criminal, or prosecution isn’t warranted given circumstances. Some targets avoid indictment through effective presentations. Others negotiate cooperation agreements or resolve matters through civil settlements, restitution, or administrative actions instead of criminal prosecution. Presentations are most effective when made by experienced federal defense attorneys who understand how prosecutors evaluate cases and can credibly present defenses. Generic claims of innocence or complaints about investigation don’t work – presentations must address prosecutors’ evidence, explain away incriminating facts, and provide reasons why prosecution isn’t in government’s interest.

Cooperation Agreements

Some targets respond to target letters by offering to cooperate – providing information about others’ criminal conduct in exchange for immunity, reduced charges, or sentencing benefits. Cooperation must offer substantial assistance to government in prosecuting others. Information about your own conduct isn’t cooperation – that’s just providing evidence against yourself. Cooperation agreements must be negotiated carefully through experienced counsel to protect you while providing value to prosecutors. Types of cooperation agreements: Immunity (use immunity or transactional immunity) prevents prosecution in exchange for testimony. Cooperation plea agreements allow you to plead guilty to reduced charges in exchange for assisting government. Deferred prosecution agreements delay prosecution while you cooperate, with charges dismissed if cooperation is satisfactory.

Cooperation is risky – you must fully disclose your own criminal conduct, you’re committed to testifying against others (often friends, family, or business associates), and your safety may be compromised if you’re identified as cooperator. Cooperation isn’t appropriate for everyone – if you’re genuinely innocent, cooperating makes no sense. If government’s case against you is weak, cooperation might provide evidence they’re missing. If you have minimal criminal exposure, cooperation might expose you to additional liability. These decisions require sophisticated evaluation of evidence, your exposure, government’s needs, and strategic considerations. Never offer to cooperate without experienced counsel negotiating terms and protecting your interests.

What Not to Do After Receiving Target Letter

Do not ignore target letter – failure to respond doesn’t make investigation go away, and you lose opportunity to present defense or negotiate before indictment. Do not contact prosecutors directly without attorney – anything you say can be used against you, and false statements to prosecutors are crimes. Do not destroy documents or evidence – obstruction of justice creates far more serious charges than underlying conduct and provides prosecutors with easiest conviction. Do not discuss target letter with anyone except your attorney – other people can be subpoenaed to testify about your statements. Do not post about it on social media.

Do not attempt to contact witnesses, co-targets, or people involved in investigation – this can be charged as obstruction, witness tampering, or conspiracy. Do not make statements to agents or prosecutors without attorney present and without clear understanding of risks and benefits. Do not testify before grand jury without thorough analysis of whether this serves your interests. Do not panic and make rash decisions – target letter creates urgency but requires careful strategic response. Do not assume cooperation is your only option – many targets successfully defend without cooperating. Do not assume you’ll definitely be indicted – skilled intervention can sometimes prevent charges.

Timeline After Target Letter

Target letters typically provide 2-4 weeks to respond before prosecutors seek indictment. This is extremely tight timeline requiring immediate action. Your attorney should immediately contact prosecutor to confirm timeline, determine what evidence prosecutors have, clarify your status, and begin negotiating response strategy. In some cases, attorneys can negotiate extensions to allow time for investigation, preparation of presentations, or cooperation discussions. But prosecutors control timing and can proceed to indictment whenever they choose. Some targets are indicted before deadline expires – especially if prosecutors believe target is flight risk or might destroy evidence.

If you respond with attorney presentation or cooperation offer, prosecutors may delay indictment while evaluating response. This can extend timeline weeks or months. If prosecutors are satisfied with presentation or negotiate cooperation agreement, charges might never be filed. If prosecutors reject presentation or aren’t interested in cooperation, indictment typically follows quickly – often within days. After indictment, you’ll be arrested or summoned to court for arraignment. The window for pre-indictment intervention closes once indictment is filed. Post-indictment, your options shift to fighting charges through trial or negotiating plea agreements – both less favorable than avoiding indictment entirely.

Todd Spodek has represented clients who received target letters throughout his career. Target letters require immediate sophisticated response. When you receive target letter from DOJ, call 212-300-5196 immediately for counsel about how to respond.