Federal Target Letter Defense Lawyers

What Does a Target Letter Attorney Do?

The weeks after a target letter arrives are often the best chance to prevent an indictment. Once charges are filed, the case becomes public and much harder to resolve. A target letter attorney uses that window to:

• Become your only point of contact. We notify the prosecutor that you are represented, so agents and prosecutors deal with us, not you.
• Find out what the government has. We speak with the Assistant U.S. Attorney to learn the scope of the investigation and your exposure to the federal statutes.
• Run our own investigation. We gather documents, billing records, emails, phone data, and witness accounts, and often bring in forensic accountants or coding experts before the government’s version hardens.
• Advise on testifying and proffers. We decide with you whether to testify before the grand jury, attend a proffer session under a written proffer agreement, or stay silent under the Fifth Amendment. Each choice carries real risk, and the right one depends on the evidence.
• Present your side before indictment. A written submission or meeting with the prosecutor can show that the conduct was a billing error, a good-faith reliance on advice, or a civil matter rather than a crime.
• Negotiate the outcome. Possible results include no charges, a civil or administrative resolution, a deferred or non-prosecution agreement, or a pre-indictment plea on reduced charges.
• Protect your business and license. We coordinate with parallel civil, regulatory and licensing matters, such as HHS-OIG exclusion, SEC actions or medical board complaints, so a statement in one doesn’t hurt you in another.
• Prepare for trial if charges come. If an indictment is filed, the defense is already built.

Who We Represent After a Target Letter

Most of the people we represent have never been accused of a crime. They are professionals and business owners whose billing, lending, tax, or trading activity has drawn federal attention.

• Physicians and medical practice owners.
• Pharmacists, laboratories and DME suppliers.
• Telehealth, hospice, dental and mental health providers
• Healthcare executives, billers and marketers
• Business owners and executives
• Financial professionals
• CFOs, accountants and bookkeepers
• Exporters and defense contractors
• Employees and family members.

Who Sends Target Letters, and Which Agencies Are Behind Them?

The letter itself comes from federal prosecutors. That’s usually one of the 94 U.S. Attorney’s Offices, or a section of the Department of Justice in Washington, such as the Criminal Division’s Fraud Section and its Health Care Fraud Unit. The evidence behind the letter is usually gathered by one or more federal investigative agencies, often working together:

A target letter is often preceded by other signs of an investigation: a subpoena from HHS-OIG or the grand jury, a civil investigative demand, a payment audit, a search warrant, or agents showing up at your home or office. If you have seen any of these, call a lawyer before a letter arrives.

The Most Common Reasons People Receive a Target Letter

1. Healthcare fraud. Billing for services not provided, upcoding, unbundling, or medically unnecessary tests and equipment (18 U.S.C. § 1347). This is one of the most common reasons our clients receive target letters.
2. Kickbacks and illegal referrals. Payments, “marketing fees,” or medical-director arrangements that reward patient referrals (Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b)).
3. Wire and mail fraud. Business, investment, or lending schemes that used email, phone, wires or the mail (18 U.S.C. §§ 1341, 1343). Often charged alongside other offenses.
4. PPP, EIDL, and bank fraud. Inflated payroll figures or misused pandemic loan funds, and false statements to banks (18 U.S.C. § 1344). Learn more about bank fraud defense.
5. Tax offenses. Unreported income, false returns, or unpaid payroll taxes (26 U.S.C. §§ 7201, 7206). Learn more about tax fraud defense.
6. Money laundering and structuring. Moving proceeds through accounts, or keeping deposits under $10,000 to avoid reporting (18 U.S.C. §§ 1956, 1957; 31 U.S.C. § 5324).
7. Securities and investment fraud. Misleading investors, insider trading, or market manipulation (securities fraud).
8. Controlled substances. Prescribing or dispensing opioids outside the usual course of professional practice (drug offenses; pharmaceutical diversion).
9. Conspiracy. Many target letters cite 18 U.S.C. § 371 or a conspiracy provision tied to the main offense. A conspiracy charge can reach people who played a small role in the scheme.
10. Obstruction and false statements. Statements to agents or document handling during an investigation can create new charges (18 U.S.C. §§ 1001, 1519), even when the original conduct can be defended.

The statutes listed in your letter tell us a lot about where the investigation is heading. Send us a copy, and we’ll explain what each one means for you.

What to Do, and Not Do, After You Receive a Target Letter

Do:

• Call a federal criminal defense lawyer the same day, and send them a copy of the letter.
• Note any response date in the letter. Missing it can mean losing the chance to be heard before an indictment.
• Keep every document, email, text, and file exactly as it is.
• Write down, for your lawyer only, any contact you’ve had with agents or investigators.

Don’t:

• Don’t call the prosecutor or agent yourself, even to “explain.” Anything you say can be used as evidence, and a false or incomplete statement can be charged as a separate crime under 18 U.S.C. § 1001.
• Don’t delete, alter, or move records. Destroying documents can be charged as obstruction (18 U.S.C. § 1519).
• Don’t discuss the investigation with employees, business partners, or co-workers. They may be witnesses or cooperating with the government.
• Don’t post about it, or about anyone involved, online.
• Don’t assume a letter means charges are certain. Many investigations end without an indictment when the defense acts early.

Why Choose Lowther | Walker as Your Target Letter Lawyers

• We know how federal investigators build cases. Murdoch Walker, II worked on the other side before becoming a defense lawyer. He was a trial preparation assistant and investigative analyst at the Manhattan District Attorney’s Office, served about six years as a narcotics task force and Career Criminal Unit investigator, and was a DEA Task Force Officer. Joshua Sabert Lowther has practiced only criminal defense throughout his career.
• Investigations can end without charges. In a Medicare upcoding investigation (US v. A.M.), the investigation was terminated with no prosecution.
• Federal defense is all we do. Our practice is federal criminal defense: healthcare fraud, white-collar crime, and federal investigations nationwide.
• Healthcare fraud focus. Many target letters involve Medicare, Medicaid, or kickback allegations. We defend these cases every day and work with billing and coding experts.
• Trial-ready from day one. Prosecutors negotiate differently with lawyers they know will try the case. We prepare every pre-indictment matter as if it will go to trial, and our team includes federal appeals lawyers if the case goes further.
• Nationwide, 24/7. We represent clients in federal districts nationwide, and answer calls 24/7.

Received a Target Letter? Talk to a Lawyer Today

The window between a target letter and an indictment can be short. Call (404) 806-7997 or request a confidential consultation. We’ll review your letter and contact the prosecutor before you say anything.