What Is A Target Letter From DOJ You received a letter from the U.S. Attorney's…

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You just received a target letter from the U.S. Attorney’s Office and you’re panicking about what to do. A target letter means federal prosecutors are about to indict you and you have narrow window – typically 2-4 weeks – to respond before charges are filed. Your response can potentially prevent indictment, reduce charges, or negotiate cooperation agreement. First and most important step: immediately hire experienced federal criminal defense attorney. Do not contact prosecutors yourself, do not talk to federal agents, do not try to handle this alone. Everything you say without attorney can be used against you, and false statements create separate criminal charges. Target letter situations require sophisticated legal strategy executed under extreme time pressure. Your attorney will contact prosecutors to determine evidence against you, evaluate whether you can avoid charges, and develop response strategy.
Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, who has defended clients facing target letters for many, many years. We’ve represented people facing target letters for white-collar fraud, drug conspiracies, public corruption, tax evasion. We’ve successfully prevented indictments through pre-indictment presentations, negotiated cooperation agreements avoiding charges, and positioned clients favorably for trial when indictments couldn’t be avoided. Target letters are critical moments requiring immediate expert response. What you do in the 2-4 weeks after receiving target letter determines whether you’re charged, what charges are filed, and what your defense options are.
You need experienced federal criminal defense attorney who regularly practices in the district where prosecutors who sent target letter are located. Federal practice is specialized – state criminal attorneys and general practitioners typically lack experience with federal investigations, grand juries, and U.S. Attorney’s Office procedures. Look for attorney with years of experience handling federal cases, who has relationships with prosecutors in that office, and who has track record of pre-indictment interventions and trial victories. Do not use family attorney who handles real estate closings or friend who practices immigration law. Federal target letter requires federal criminal defense specialist.
Contact attorney immediately – delays waste precious time from tight deadline. Attorney should meet with you promptly (within 24-48 hours), review target letter, interview you comprehensively about facts, request copies of any documents you have, and immediately contact prosecutor to introduce themselves, confirm timeline, and begin gathering information about investigation. Attorney’s initial contact with prosecutor is critical – establishing professional relationship, demonstrating seriousness, and positioning yourself as someone willing to engage rather than ignore investigation. First impression attorneys make influences prosecutors’ willingness to consider alternatives to indictment.
Your attorney should immediately contact the prosecutor who sent target letter to: confirm deadline for responding, determine what evidence prosecutors have (prosecutors vary in willingness to share but often provide general information), clarify specific conduct being investigated, understand what charges prosecutors intend to file, determine if prosecutors are interested in cooperation, ask if prosecutors will consider attorney presentation or proffer session. Prosecutors aren’t required to share information but many will discuss investigation in general terms with defense counsel. This conversation helps attorney understand strength of government’s case and what strategies might work.
Attorney should conduct comprehensive interview with you covering: all facts related to alleged conduct, your knowledge and intent regarding investigated activities, documents and evidence that support your version of events, potential witnesses who can corroborate your account, legal and factual defenses to alleged crimes, whether you have information about others’ criminal conduct that might support cooperation agreement, your criminal history and personal background. Attorney should review all relevant documents you have and should evaluate what additional investigation is needed. For complex cases, attorney may need to retain experts (forensic accountants, industry specialists, technical experts) to evaluate evidence and prepare presentations.
Attorney should evaluate several options: Attorney presentation to prosecutors – prepare detailed presentation with documents, legal arguments, and evidence showing why you shouldn’t be charged. This is most common response when you believe you’re innocent or have strong defenses. Cooperation – offer to provide substantial assistance to government in prosecuting others in exchange for immunity or reduced charges. Appropriate when you have information valuable to prosecutors and when your own exposure is significant. Proffer session – meet with prosecutors to discuss what information you could provide, what charges you face, and whether cooperation is mutually beneficial. Riskier than attorney presentation because your statements can sometimes be used against you depending on proffer agreement terms.
Decline to respond – in rare cases, best strategy is to not respond and prepare for indictment. This might apply when you’re genuinely innocent and any engagement risks providing information prosecutors don’t have, when prosecutors clearly intend to indict regardless of response, or when responding would require making admissions that strengthen their case. Request extension – ask prosecutors for additional time to prepare response. Sometimes granted, especially for complex cases requiring expert analysis or extensive document review. Negotiate pre-indictment plea – in some cases, you can plead guilty to reduced charges before indictment, avoiding grand jury process and potentially obtaining more favorable terms.
If pursuing attorney presentation: Attorney prepares detailed written submission or oral presentation to prosecutors covering: factual background from your perspective, legal defenses showing conduct wasn’t criminal or that elements of charged crimes aren’t met, explanation of exculpatory evidence prosecutors may not have, challenges to government’s evidence or witnesses, reasons why prosecution isn’t warranted given circumstances, alternative resolutions (civil settlement, restitution, administrative action) that address government’s concerns without criminal prosecution. Presentation should be professional, credible, and responsive to prosecutors’ evidence. Generic claims of innocence or emotional appeals don’t work – presentation must address specific facts and legal issues prosecutors are considering.
If cooperating: Attorney negotiates terms of cooperation agreement with prosecutors protecting your interests while providing information government wants. Cooperation typically requires: full disclosure of your own criminal conduct, agreement to testify against others if needed, production of documents and evidence in your possession, submission to debriefing sessions with prosecutors and agents. In exchange, cooperation agreements can provide: immunity from prosecution, agreement to reduced charges, sentencing benefits through 5K1.1 motion for substantial assistance, or deferred prosecution with charges dismissed if cooperation is satisfactory. Cooperation is serious commitment requiring careful negotiation of terms and thorough understanding of risks. Never offer to cooperate without experienced counsel protecting you.
While attorney is preparing response, you must preserve all potentially relevant evidence. Do not destroy any documents, do not delete any electronic files or emails, do not discard any physical evidence. Obstruction of justice by destroying evidence creates far more serious charges than underlying conduct and provides prosecutors with easiest path to conviction. Spoliation of evidence after receiving target letter is particularly damaging because it demonstrates consciousness of guilt and proves intent to obstruct. Even if you believe documents are harmful to you, destroying them is worse – prosecutors can argue that destroyed evidence was most incriminating evidence and can instruct juries to presume destroyed evidence supported guilt.
Collect and organize documents that support your defense: emails, contracts, financial records, business documents, correspondence – anything showing your conduct was lawful or that contradicts government’s theory. Provide these to your attorney for use in presentation to prosecutors. Identify potential witnesses who can corroborate your account or provide exculpatory information. Your attorney may interview these witnesses or include their statements in presentation. Do not contact witnesses yourself to discuss what they should say – this can be charged as obstruction or witness tampering. Let your attorney handle all witness contacts.
Do not contact prosecutors directly – anything you say can be used against you, and false statements are crimes. Let your attorney handle all communications. Do not talk to federal agents – if agents contact you after you receive target letter, invoke right to counsel and refer them to your attorney. Do not discuss case with anyone except your attorney – other people can be subpoenaed to testify about your statements. Do not post about investigation on social media. Do not contact co-targets, witnesses, or people involved in investigation. Do not continue any conduct being investigated – if target letter relates to ongoing business activities, immediately stop any potentially problematic conduct.
Do not attempt to flee or hide assets – this creates additional charges and makes situation worse. Do not lie to your attorney – your attorney cannot effectively represent you without knowing truth, and attorney-client privilege protects confidential communications. Do not testify before grand jury without thorough analysis with your attorney – in most cases this is mistake. Do not panic and rush into cooperation agreement without careful evaluation – cooperation has significant consequences and isn’t right strategy for everyone. Do not assume you’ll definitely be indicted – skilled intervention can sometimes prevent charges even when indictment seems inevitable.
While your attorney pursues pre-indictment strategies, simultaneously prepare for possibility that indictment will be filed despite best efforts. Attorney should: Begin preparing bail package demonstrating you’re not flight risk or danger to community – including letters from family, employers, community members, financial documentation showing ties to community, proposal for restrictive release conditions. Investigate facts and begin identifying defenses for trial if case proceeds to prosecution. Consider whether you need to secure finances for legal fees through current employment, family support, or liquidating assets (before they’re potentially forfeited). Prepare you and your family for possibility of arrest and prosecution.
Even if indictment is filed, pre-indictment work is not wasted – attorney presentations and cooperation discussions establish credibility with prosecutors and may lead to better plea offers or reduced charges even after indictment. Bail package prepared during target letter phase can be presented immediately at initial appearance. Investigation conducted during pre-indictment period provides foundation for trial defense if case proceeds. And in some cases, prosecutors change their minds and dismiss charges after indictment if defense presents compelling evidence they hadn’t previously considered.
Todd Spodek has represented clients facing target letters throughout his career. Target letters demand immediate expert response. When you receive target letter, call 212-300-5196 immediately – within hours, not days – to begin preparing response before deadline expires.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS