As a federal prosecutor, John Teakell spent years on the side of the table that decides who gets indicted. This article is written from that perspective, for the person who just opened the mailbox.
A federal target letter is a formal notification from a U.S. Attorney’s Office that you are a target of a federal grand jury investigation. In Justice Department practice, a “target” is a person the prosecutor believes, based on evidence acquired thus far, is linked to the commission of a crime. A target letter is not an indictment and not an arrest warrant, but it is the clearest signal the federal system gives that charges are being seriously considered.
What the Letter Typically Says
Most target letters identify the general subject of the investigation, state that you are a target, and often invite you to testify before the grand jury or to contact the prosecutor through counsel. Many warn that destroying documents or discussing testimony with other witnesses can itself be a crime. The letter is deliberately short. It tells you almost nothing about the evidence, and that is by design.
Target, Subject, or Witness: The Labels Matter
Federal prosecutors sort people in an investigation into three rough categories. A witness has information. A subject is someone whose conduct falls within the scope of the investigation. A target is someone the government believes committed a crime. These labels shift as evidence develops, and people who treat a “subject” designation as safety routinely talk their way into target status. Whatever the label, communications with federal investigators should run through counsel.
What To Do, and What Not To Do
- Do not call the prosecutor or agents yourself. Anything you say is evidence, and unlike the grand jury room, there is no transcript protecting you in an informal call.
- Do not destroy or “clean up” anything. Deleting emails or shredding records after a target letter converts a defensible case into an obstruction case.
- Do not discuss it with coworkers or co-investigated friends. Those conversations become witness testimony.
- Do retain federal defense counsel immediately. A lawyer can contact the prosecutor, learn more about the investigation’s scope, and open the channel that sometimes heads off charges entirely.
Can Charges Still Be Avoided?
Sometimes, yes. A target letter means the government is close, but it also means there is still a decision to be made, which is leverage. Depending on the evidence, counsel may present information that changes the charging calculus, negotiate scope, or in the right case arrange a proffer session to persuade the U.S. Attorney not to prosecute or to view your role as smaller than they believed. That decision requires an experienced read of the government’s position, because a careless proffer can also hand them the case.
Common Questions
Does a target letter mean I will be indicted?
No, but it means indictment is on the table and often likely without intervention. The window between target letter and grand jury action is when defense work has the most room to operate.
Should I testify before the grand jury?
Almost never as a target, and never without advice of counsel. Grand jury testimony is given without your lawyer in the room, and it locks in your account before you have seen any of the government’s evidence.
How long do I have to respond?
Letters often ask you or your counsel to make contact within a stated number of days. Treat the timeline seriously, but let your attorney make the contact.
Talk to a Former Federal Prosecutor Before You Talk to Anyone Else
John R. Teakell spent over 12 years as a federal prosecutor before moving to the defense side. If federal agents, a subpoena, or a target letter have entered your life, the next phone call you make matters. Request a free, confidential consultation at teakelllaw.com/contact-us or call (214) 523-9076.