A New Jersey Criminal Defense Attorney Discusses Target Letters

In this article, an experienced New Jersey criminal defense attorney outlines what is required of the target in a grand jury investigation and what the target can expect to occur.

The First Notification

The first indication that you may have that a federal investigation is under way is the target letter. If you receive one, it means that the federal prosecutor has reason to believe that you may have been involved in a federal crime. In other words, you have been “targeted” for investigation under a federal grand jury.

Purpose of the Target Letter

The primary purpose of the target letter is to alert persons that they are targets of an investigation, as well as to notify such persons that they have a right to legal counsel. By sending the target letter, prosecutors sometimes are sending the signal that they are interested in initiating plea bargaining procedures, or event that they are interested in potentially seeking cooperation from the target against other, more serious targets. Obviously, it is critical to have an attorney representing the target in such potential discussions and negotiation. While the prosecutor may issue a subpoena requiring you to present yourself, it does not follow that you are required to testify. In fact, it is usually better if you do not. Normally, your attorney will invoke the Fifth Amendment clause on your behalf, thus obeying the subpoena without risk of answering questions that could lead to self-incrimination.