Few pieces of mail are more alarming than a letter on Department of Justice letterhead that begins "You are hereby advised that you are a target." Brian Foley explains what it means and what to do in this video.
What the letter says
A target letter from the U.S. Attorney's Office for the Southern District of Texas typically: identifies the statute(s) under investigation; states that you are a target of a grand jury investigation; invites you to testify before the grand jury or to contact the AUSA through counsel; advises you of your right to counsel and right against self-incrimination; and warns that destroying documents or contacting witnesses may be obstruction of justice.
What it means
The government has been investigating for some time. Agents have likely interviewed others, subpoenaed records, and reviewed financial or electronic evidence. The letter is not the beginning of the case; it is near the end of the investigative phase. It is also an opening: prosecutors send target letters when they are willing to hear from the defense before charging.
What not to do
- Do not call the AUSA yourself. Anything you say is evidence.
- Do not contact anyone else you think may be involved. That is witness tampering.
- Do not delete, shred, or "clean up" anything. Obstruction is often easier to prove than the underlying crime.
- Do not testify before the grand jury without a lawyer's advice.
What to do — in the next 72 hours
Retain a federal defense attorney. The attorney contacts the AUSA, learns the scope of the investigation and the evidence, and evaluates the options: presenting exculpatory evidence to persuade the government not to charge; negotiating the charges before indictment (which can mean a lesser statute, no mandatory minimum, or a pre-indictment plea with cooperation credit); or preparing for indictment and the detention hearing that follows. Every one of those options narrows or disappears once the indictment is returned.
Brian Foley and Luis Baez handle federal investigations from the target letter forward. See the full target letter video, our federal criminal attorney page, or call or text (713) 703-1718.