What is a DOJ Target Letter?
A Department of Justice (DOJ) “Target Letter” is a formal letter notifying an individual or business that the federal government believes they have committed a federal crime. It is one of the most serious warnings a person can receive in the federal criminal justice system.
What a Target Letter Means
Typically, the target letter will:
Identify the crimes the government is investigating
Inform the recipient that they are considered a “target” of a federal grand jury investigation
Invite the person (or their attorney) to contact the prosecutor handling the case
Identify the particular United States Attorney’s Office and prosecutor in charge of the investigation
A target letter is often issued toward the end of a grand jury investigation, when prosecutors are close to seeking formal charges.
When and How Target Letters Are Used
It is not uncommon for federal agents to try to speak with someone before serving them with a target letter. In some cases, a target letter may be served at the same time as a grand jury subpoena seeking the recipient’s testimony or records.
The key takeaway: by the time a target letter arrives, the government has already gathered significant evidence and is signaling that criminal charges are likely.
Why Contacting a Lawyer Immediately Matters
If someone receives a target letter, it is critical that they contact an experienced federal criminal defense attorney right away. Hiring counsel quickly may allow:
Communication with Prosecutors: Your lawyer may contact the DOJ attorney on your behalf to learn more about the scope of the investigation.
Pre-Indictment Advocacy: In some cases, defense counsel can present evidence, arguments, or mitigating information that may affect the prosecutor’s charging decision.
Exploring Options: Early involvement may also allow for pre-charge plea negotiations, proffer sessions, reverse proffer sessions, or even preventing formal charges altogether.
The sooner a defense attorney is involved, the better.
When The Stakes Are High
A DOJ target letter is not a mere formality—it is a sign that the government is closing in and believes it has evidence of a crime for which it will soon seek formal charges. If you receive one, it is crucial to speak with a qualified federal criminal defense lawyer immediately.