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.