A federal target letter is an opportunity, not a verdict.
The window between receiving a target letter and grand-jury indictment is often the single best defense opportunity in a federal case. What to do in it.
A federal target letter is a written notice from a U.S. Attorney that the recipient is the focus of a grand-jury investigation. It is not an indictment. It is not a charge. It is, however, an unmistakable signal that an indictment is being considered.
What the letter means
The Department of Justice distinguishes subjects from targets. A subject is someone whose conduct is within the scope of an investigation. A target is someone against whom there is 'substantial evidence' linking them to the commission of a crime, making them a putative defendant.
If you received a target letter, the U.S. Attorney believes a prosecutable case exists. The grand jury has not yet indicted — that is the leverage, and the deadline, simultaneously.
What to do in the first 48 hours
- 01Retain counsel immediately. The letter often names a deadline for a response.
- 02Preserve records. Do not delete emails, messages, or documents; obstruction charges stack on top of the underlying investigation.
- 03Do not contact witnesses named or implied in the letter. Any outreach looks like obstruction to the government.
- 04Do not consent to informal interviews. A proffer session is a formal, negotiated arrangement — not a 'come in and talk'.
- 05Gather your personal records — tax returns, bank statements, business records — into one secure location for counsel.
Pre-indictment strategies
The window before indictment supports several defense approaches: a reverse proffer (where the government previews its evidence), a declination request (where counsel persuades prosecutors not to indict), or a pre-indictment plea negotiation in cases where the exposure is large and the evidence is strong. Each requires candid assessment that is only possible with privileged counsel review.