What is a target letter?
Updated
A target letter is a written notice from a federal prosecutor telling you that you are the target of a federal grand jury investigation. Under Justice Department policy, a target is someone the prosecutor or grand jury has substantial evidence linking to a crime, and who is likely to be charged.
Answered by Alex Little
Former federal prosecutor, Nashville
What does a federal target letter from the DOJ say?
Most target letters come on U.S. Attorney’s Office letterhead and follow the same pattern. They say you are a target of a federal grand jury investigation, list the statutes involved (wire fraud, for example), and name the prosecutor or agent handling the case. Many invite your lawyer to call, and some mention the chance to resolve the matter before charges are filed. Most set a deadline to respond.
What should you do if you get a target letter?
Hire a federal criminal defense lawyer right away and let that lawyer be your only contact with the prosecutor. Don’t talk to agents, don’t discuss the case, and keep every document and message exactly as it is. Find the deadline in the letter and write it down. Most target letters ask your lawyer to contact the prosecutor within days, and missing that window can cost you options.
Target letter vs. grand jury subpoena: what is the difference?
A grand jury subpoena is an order to testify or turn over documents, and you have to respond to it through your lawyer. A target letter is a notice that tells you where you stand. It does not order you to do anything. Witnesses, subjects, and targets can all receive subpoenas, so a subpoena alone does not mean you are a target.
Questions people ask
Does a target letter mean you have been charged?
No. A target letter does not charge you with a crime. Federal charges come through a grand jury indictment or a criminal complaint.
Do you have to respond to a target letter?
You are not legally required to respond, but ignoring it usually means giving up your best chance to learn what evidence the government has and to convince prosecutors they are wrong before charges. The best practice is to have a lawyer respond before the deadline.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.