Are you the target of a federal investigation?

What is the difference between a target, a subject, and a witness?

The Justice Department sorts people in a grand jury investigation into three groups. A target is someone the government has substantial evidence against and expects to charge. A subject is anyone whose conduct falls within the scope of the investigation. A witness is someone with information the government wants, without suspicion of a crime. Your status can change as the investigation goes on, and a subject can become a target.

How do people find out they are a target?

The clearest sign is receiving a target letter from a U.S. Attorney’s Office. Justice Department policy encourages prosecutors, in appropriate cases, to notify a target before seeking an indictment, but it does not require it. Other signs include a grand jury subpoena for you or your business, agents interviewing your coworkers or family, a search warrant, or frozen bank accounts. For some people, the first notice is the indictment itself.

Can a lawyer find out if you are a target?

In some cases, yes. Your lawyer can call the prosecutor and ask whether you are a target, a subject, or a witness. The prosecutor may answer, decline to answer, or give an answer that changes later. When Todd and Julie Chrisley’s lawyer asked in 2012, the answer was “not at this time.” They were indicted in 2019.

What should you do if you think you are a target?

Talk to a federal criminal defense lawyer before you talk to anyone else, including agents. Keep every document and message exactly as it is. See “What to do if you get a target letter” for the full list.