A federal target letter means prosecutors already view you as a likely defendant in a grand jury investigation, not just a witness. It does not mean you have been charged, and an indictment is not certain. In some cases the Justice Department sends the notice before seeking an indictment, so you have a chance to testify before the grand jury.
What is a federal target letter?
A target letter tells you federal prosecutors already have substantial evidence connecting you to a crime and consider you a likely defendant, not a mere witness.
The Justice Department's Justice Manual uses three categories for people connected to a grand jury investigation.
What the three grand jury statuses mean
| Status | Justice Manual definition (9-11.151) | What it means |
|---|---|---|
| Target | "A person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant." | The prosecutor already views you as a likely defendant; Department policy adds a warning that your conduct is being investigated. |
| Subject | "A person whose conduct is within the scope of the grand jury's investigation." | Your conduct is under review, without target status. |
| Officer or employee of a target organization | Such a person "is not automatically considered a target," even if conduct contributed to the organization's offense. | Your own status depends on the evidence against you personally. |
Justice Manual 9-11.153 encourages prosecutors, in appropriate cases, to notify a target "a reasonable time before seeking an indictment" so the person can testify, but not in routine clear cases or when notice might lead to flight, destroyed evidence, or danger to witnesses. Because notice is discretionary, a person can be a target without ever receiving a letter.
What does a target letter say?
A target letter and its attached Advice of Rights explain what the grand jury is investigating, that you are a target, and that you may refuse to answer incriminating questions.
Department policy attaches an "Advice of Rights" notice to every grand jury subpoena served on a target or subject (Justice Manual 9-11.151). The notice:
- Describes the grand jury's investigation of possible violations of federal criminal law involving a stated subject.
- Tells you that you may refuse to answer any question if a truthful answer would tend to incriminate you, and that anything you say may be used against you.
- Tells you that if you have retained counsel, the grand jury will permit you a reasonable opportunity to step outside the grand jury room to consult with counsel.
- Adds, for a known target, a supplemental warning that your conduct is being investigated for possible violation of federal criminal law.
Does a target letter mean you will be indicted?
Not necessarily. Only a grand jury of 16 to 23 members can return an indictment, and at least 12 of them must agree before it does.
Federal Rule of Criminal Procedure 6(a)(1) sets a grand jury's size at 16 to 23 members, and Rule 6(f) says it may indict only if at least 12 jurors concur. The Fifth Amendment requires an indictment for a "capital, or otherwise infamous crime," and Rule 7(a) requires one for any offense, other than criminal contempt, punishable by death or by more than one year in prison; for an offense punishable by more than one year, the defendant may instead waive indictment in open court and be charged by information (Rule 7(b)).
What can happen after a target letter
| Possible path | What it involves | Source |
|---|---|---|
| Indictment | The grand jury votes to charge you; at least 12 of its 16 to 23 members must concur. | Rule 6(a)(1), 6(f) |
| Information after waiver | You waive indictment in open court and are charged by the prosecutor's information instead. | Rule 7(b) |
| Pretrial diversion | The U.S. Attorney may divert certain people against whom a prosecutable case exists; completing the program can lead to declined, dismissed, or reduced charges, or a more favorable sentencing recommendation. | Justice Manual 9-22.010, 9-22.100 |
| Investigation ends | The U.S. Attorney may, but need not, notify you that you are no longer a target. | Justice Manual 9-11.155 |
Should you testify before the grand jury?
Decide only with your lawyer. A target who wants to testify must first waive the privilege against self-incrimination on the record before the grand jury.
Justice Manual 9-11.152 says such requests come up particularly in white-collar cases; prosecutors have no legal obligation to grant them, but reasonable requests ordinarily get favorable consideration once the witness waives the privilege against self-incrimination on the record and is represented by counsel, or knowingly appears without one. Your own lawyer cannot come into the grand jury room with you: Rule 6(d)(1) allows only government attorneys, the witness, interpreters when needed, and a court reporter or recording operator while the grand jury is in session. The Advice of Rights still lets you step outside to consult counsel.
Ways to handle a request or decision to testify
| Option | What it involves | Source |
|---|---|---|
| Testify | You waive the privilege on the record and answer under oath; what you say may be used against you. | Justice Manual 9-11.152, 9-11.151 |
| Decline in writing | You and your lawyer sign a statement that you will refuse to testify on Fifth Amendment grounds; you are ordinarily excused unless the grand jury and U.S. Attorney agree to insist. | Justice Manual 9-11.154 |
| Appear and assert the privilege | You may refuse any question whose truthful answer would tend to incriminate you. | Advice of Rights, Justice Manual 9-11.151 |
| Testify under an immunity order | Compelled testimony, and information derived from it, cannot be used against you in a criminal case, except a prosecution for perjury, a false statement, or failing to comply with the order. | 18 U.S.C. 6002 |
What should you do after you receive a target letter?
Bring in a defense lawyer before you respond to the letter, keep every document connected to it, and let your lawyer handle contact with the agents and the prosecutor.
- Read the letter for the prosecutor's name, the subject of the investigation, and any date it sets, and keep the letter and its envelope.
- Have your lawyer contact the prosecutor. Declining to testify under Justice Manual 9-11.154 takes a writing signed by both you and your attorney.
- Do not discuss the facts with agents on your own. A knowing and willful materially false statement in a federal matter is a separate crime, punishable by a fine, up to 5 years in prison (up to 8 years in some terrorism and sex-offense matters), or both (18 U.S.C. 1001).
- Preserve records, files, and devices connected to the investigation. Knowingly altering, destroying, or concealing a record to impede a federal investigation is punishable by a fine, up to 20 years in prison, or both (18 U.S.C. 1519).
- If prosecutors propose a proffer meeting, have your lawyer review the written agreement first. See the firm's answer on a federal proffer agreement before signing.
If you cannot afford a lawyer, the federal judiciary's Guidelines for Administering the CJA let a court appoint counsel, on the application of a grand jury witness, when there is reason to believe the witness could face prosecution. The firm's federal crimes page explains how a federal investigation can turn into charges and what to expect once an agent wants to question you.
Which federal court handles a target letter in California?
The federal district court whose grand jury is investigating handles it. California has four judicial districts, and each U.S. Attorney prosecutes federal offenses within that district.
28 U.S.C. 84 divides California into the Northern, Eastern, Central, and Southern Districts. Except as otherwise provided by law, each U.S. Attorney prosecutes federal offenses within their district (28 U.S.C. 547).
Related questions
- Does federal pretrial diversion leave a conviction? compares a diversion offer with pleading guilty during a grand jury investigation.
- I may have said something false to a federal agent. What should I do now? covers what to review if you already answered an agent's questions without a lawyer.
Frequently asked questions
Is a target letter the same as a grand jury subpoena?
No. A subpoena compels you to appear and testify or produce records. Before subpoenaing a known target, Justice Manual 9-11.150 says prosecutors should first try to secure a voluntary appearance, and if that fails, the subpoena needs the U.S. Attorney's or the responsible Assistant Attorney General's approval.
What is the difference between a "target" and a "subject"?
A target is someone the prosecutor already views, on substantial evidence, as a likely defendant. A subject's conduct is within the scope of the investigation, without that finding. The letter itself, or your lawyer asking the prosecutor, usually tells you which one you are.
Can I tell people that I received a target letter?
Rule 6(e)(2) lists who must keep grand jury matters secret, such as grand jurors and government attorneys, and witnesses are not on that list. Anything you say to others can still become evidence against you, though, so talk with your lawyer first.
How long after a target letter are charges filed?
No fixed period applies. Justice Manual 9-11.153 speaks only of notice "a reasonable time before seeking an indictment," and the general federal deadline for charging a noncapital offense is five years after the offense, unless another law provides otherwise (18 U.S.C. 3282(a)).
Can target status end?
Yes. Under Justice Manual 9-11.155, the U.S. Attorney may notify a former target that the investigation was discontinued without an indictment, or that other evidence conclusively ends that status, but may decline without explanation, and the notice does not prevent a later investigation.
What if I already spoke with agents before getting a lawyer?
Do not make another statement or send a correction on your own. Give your lawyer your account of what you already said, and any notes or messages about the conversation, before anyone contacts the government again.
Talk to a lawyer
The Law Offices of David S. Chesley offers a free consultation and is available 24/7 to discuss a federal target letter or grand jury investigation, with payment plans and Se habla español. Call (800) 755-5174 or request a free consultation online.