Federal Target Letters
Few things are more alarming than receiving a target letter from the Department of Justice.
A target letter is a formal notice that prosecutors consider you a target of a federal criminal investigation—meaning they believe there is substantial evidence linking you to a crime.
What Is a Target Letter?
A target letter is usually sent by a U.S. Attorney’s Office to notify someone that:
They are a target of a grand jury investigation
They have the right to counsel
They may wish to contact prosecutors through counsel to discuss the matter.
By the time you receive a target letter, prosecutors usually have identified a potential crime for which they believe you are culpable. Sometimes, federal agents serve you with a target letter in conjunction with a grand jury subpoena or execution of a federal search warrant.
Why Target Letters Matter
Clear Warning: Unlike a witness subpoena or IRS summons, a target letter signals you are squarely in the government’s sights.
Strategic Fork in the Road: What you do next—whether silence, cooperation, or negotiation—can shape whether charges are filed.
Leverage for Defense: Defense counsel can often engage with prosecutors early to narrow the case, push back on charges, or resolve matters short of indictment.
Connection to Other Tools: Target letters often come after investigators issue IRS summonses or grand jury subpoenas. They may mean the government is ready to seek an indictment.
Common Defense Angles
Assessing Status: Confirming whether you are a target, subject, or witness—and whether that status can change.
Attorney-Client Privilege: Ensuring all communications post-engagement remain protected while gathering facts.
Internal Review: Conducting a privilege-protected internal investigation to anticipate the government’s case and prepare defenses.
Prosecutor Engagement: In some cases, strategically meeting with prosecutors to argue against indictment or negotiate a resolution, including under a “proffer” letter agreement, or a reverse proffer agreement.
Grand Jury Strategy: If testimony is requested, advising whether to assert the Fifth Amendment or whether to request immunity in certain circumstances.
Preparing for Next Steps: If indictment is likely, sharping the defense now can improve your position later.
A target letter is a warning shot—not a conviction, and not a charging instrument. It means prosecutors are considering charges, but it also gives you an opportunity to act early.

