What Is a Target Letter?

A target letter is a notice from federal prosecutors that you are a "target" of a grand jury investigation, meaning the prosecutor or grand jury has substantial evidence linking you to a crime and the prosecutor sees you as a likely defendant. It is not a charge, and it doesn't mean an indictment is certain. It does mean the government is building a case with you at the center, so the first step is to hire an experienced federal criminal defense lawyer before you talk to anyone, including the agents or prosecutor who sent it.

At a glance

Target, subject or witness: what's the difference?

The Justice Manual, DOJ's internal policy guide for its prosecutors, sorts people in a grand jury investigation into three groups:

• Target: "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."
• Subject: "a person whose conduct is within the scope of the grand jury's investigation." A subject can become a target as evidence develops.
• Witness: someone with information the grand jury wants, whose own conduct isn't the focus.

DOJ also says an officer or employee of an organization that is a target is not automatically a target too. Status depends on that person's own conduct.

Why prosecutors send target letters

The Justice Manual encourages prosecutors, "in appropriate cases," to notify a target a reasonable time before seeking an indictment, so the person has a chance to testify before the grand jury. DOJ says notice isn't appropriate in routine, clear cases or where there's a risk of flight, destruction of evidence or similar danger, so many people are charged without ever getting a letter.

When targets and subjects are called before a grand jury, DOJ policy is to give them an "Advice of Rights" form. Targets also get a warning that their conduct is being investigated for a possible violation of federal criminal law.

What a target letter does and doesn't mean

• It means the prosecutor believes there's substantial evidence against you and views you as a likely defendant.
• It doesn't mean you've been charged, that a grand jury has voted, or that an indictment is guaranteed.
• It often signals a window to be heard before charging decisions are final, usually through your lawyer.

What to do if you receive one

1. Call a federal criminal defense lawyer right away. Look for someone who handles grand jury investigations and white-collar cases regularly.
2. Don't contact the prosecutor or agents yourself. Let your lawyer find out the scope of the investigation and what the government wants.
3. Preserve everything. Don't delete emails, texts, files or records. Destroying or altering records to obstruct a federal investigation is a separate crime under 18 U.S.C. §1519, punishable by up to 20 years in prison.
4. Don't discuss the case with possible witnesses, coworkers or business partners. Conversations can be misread as witness tampering and may be repeated to investigators.
5. Be careful about any statement. Lying to federal agents is a crime under 18 U.S.C. §1001 (generally up to five years), even if you're never charged with the underlying conduct.
6. Decide strategy with counsel. Options can include declining to testify, making a written presentation, a meeting with prosecutors, or asking to testify before the grand jury. Each carries risk, and the right choice depends on the facts.

Can I testify before the grand jury?

You can ask. DOJ says requests from targets and subjects are "not altogether uncommon," especially in white-collar cases, and that they ordinarily get favorable consideration if the person waives the Fifth Amendment privilege on the record. The prosecutor has no legal obligation to agree. Testifying means answering questions under oath without your lawyer in the room, so it's a decision to make carefully with counsel.

Can I plead the Fifth instead?

Yes. Under DOJ policy, if a target and their lawyer state in a signed writing that the target will refuse to testify on Fifth Amendment grounds, the target is ordinarily excused from appearing.

What if I'm told I'm no longer a target?

A U.S. Attorney may, at their discretion, tell a person that their target status has ended. DOJ says that kind of notice is not a "clean bill of health," and the investigation can be reopened if new evidence turns up.

Is a grand jury witness sworn to secrecy?

Not under the federal rule. Federal Rule of Criminal Procedure 6(e)(2) bars grand jurors, prosecutors, court reporters and certain others from disclosing grand jury matters, but it says no obligation of secrecy may be imposed on anyone except those listed, so witnesses aren't covered. Talk to your lawyer before sharing anything, because what you say can still be used.

Featured attorneys: For a white-collar or grand jury matter, Haute Lawyer Network members include Zachary Newland of Evergreen Attorneys in Colorado, whose practice is federal criminal defense including white collar crimes, wire fraud, money laundering and healthcare fraud, and Jan Lawrence Handzlik of Handzlik Law in Los Angeles, a former federal prosecutor in the U.S. Attorney's Office's Major Fraud section who conducted grand jury investigations. Browse more white-collar criminal defense attorneys or criminal defense attorneys. Listed attorneys are paid members of the Haute Lawyer Network. Editorial selection, not a ranking.

Related questions

• What Is a Grand Jury?
• What Is a Federal Indictment?
• What Is White-Collar Crime?
• Should I Talk to Police Without a Lawyer?

This information is general and isn't legal advice. It doesn't create an attorney-client relationship. Talk to a lawyer about your situation.