Receiving a Federal Target Letter or being identified as a subject of a Federal Investigation

Dec 20

Federal criminal investigations may take years to complete. Many investigations begin with reported activity to federal authorities by federal agencies (e.g. the IRS or the United States Postal Service); specific reports of crime to the Federal Bureau of Investigation; or a determination by the United States Attorney’s Office upon the discovery of potential criminal activity

 Once the initial report is made regarding a potential violation of federal law, the federal law enforcement agencies take action to investigate and evaluate the report. Many times federal investigations culminate in a grand jury investigation to determine whether or not a crime has been committed. These investigations typically are brought to an end by either: the issuance of an indictment; the issuance of a “target” or “subject” letter; or dismissal/closure of the investigation.

Should you be identified as a “target” of a federal investigation, the government believes it has substantial evidence linking you to a crime and the U.S. Attorney believes you will likely be indicted. Should you be identified as a ”subject” of a grand jury investigation, the government believes that your conduct or knowledge is within the scope of the Grand Jury’s investigation. If you are identified as a “subject,” the government is most likely seeking to obtain additional information from you to assist with an ongoing investigation.

A sample of a “target letter” is contained below. It was taken from the United States Attorney’s Manual:

This letter is supplied to a witness scheduled to appear before the federal Grand Jury in order to provide helpful background information about the Grand Jury. The Grand Jury consists of from sixteen to twenty-three persons from the District of ___. It is their responsibility to inquire into federal crimes, which may have been committed in this District. As a Grand Jury witness you will be asked to testify and answer questions, and to produce records and documents. Only the members of the Grand Jury, attorneys for the United States and a stenographer are permitted in the Grand Jury room while you testify. We advise you that the Grand Jury is conducting an investigation of possible violations of federal criminal laws involving, but not necessarily limited to [specific conduct will be inserted]. You are advised that the destruction or alteration of any document required to be produced before the grand jury constitutes serious violation of federal law, including but not limited to Obstruction of Justice. You are advised that you are a target of the Grand Jury’s investigation. You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. Anything that you do or say may be used against you in a subsequent legal proceeding. If you have retained counsel, who represents you personally, the Grand Jury will permit you a reasonable opportunity to step outside the Grand Jury room and confer with counsel if you desire.

What to do if you receive a target letter: 

As a general rule, it is never advisable for a person who is under federal investigation to speak to a law enforcement officer, investigator, or U.S. Attorney without the assistance of an experienced Arkansas criminal defense attorney. Often the best advice is to never speak to the government at all.

If you receive a letter similar to the one above, you need to contact an Arkansas criminal defense lawyer immediately. It is important that you retain a competent criminal defense attorney during the pre-indictment phase of the process in an effort to receive the best result possible. An Arkansas criminal defense lawyer can guide you through the process and help you make important legal decisions when it matters most.

If you receive a target or subject letter from the U.S. Attorney’s Office, call Moffitt & Phillips, PLLC today. Our attorneys are here to protect your rights and ensure that you receive the very best legal representation you deserve.

 

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