A subject is a person whose conduct is within the scope of the investigation, but whom the government hasn’t yet determined has committed a crime. A target is a person against whom the government has obtained substantial evidence linking him or her to a crime, and who the government has decided will be a defendant in a forthcoming prosecution.
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Who Is a “Subject” in a Federal Investigation?
Federal law enforcement agents typically advise a subject of his or her status upon first contact. However, a subject shouldn’t be lulled into believing that he or she won’t become a target because of the agents’ representations and agree to an interview: the agents may suspect that the subject has committed a crime and is attempting to develop evidence to support that suspicion, or they simply may be unaware of the subject’s criminal conduct, which the subject may inadvertently reveal in the interview.
A subject should consult with an experienced federal criminal defense attorney who can help him or her become a witness or a person in whom the government no longer has an interest, rather than a target.
Who is a Target in a Federal Investigation?
A target typically learns of his or her status directly by the government’s mailing, or personally serving through an agent, a “target letter,” or indirectly by an agent’s serving grand jury subpoenas for documents and other items of potential evidence on the target, or his or her associates, such as accounts and business partners. A target shouldn’t ignore either of these events while hoping the matter will go away. The government has decided that the target will become a criminal defendant.
What is a Target Letter?
A target letter advises the target that the government is investigating him or her for a specific crime and invites the target to retain an attorney to discuss the matter with the assigned prosecutor before the government obtains an indictment. The government usually gives the target twenty days to respond to the target letter before indicting the target, thereby making him or her a defendant.
The prosecutor’s objective in sending a target letter is to cause the target to retain an attorney who’ll negotiate a guilty plea before the government indicts the case. Experienced federal criminal defense attorneys know this presents an opportunity to convince the government not to prosecute the target based on some difficulty of proof or evidence in mitigation, of which the government may not be aware.
Target Letters May Help Avoid Pretrial Detentions
The target letter also presents an opportunity in cases in which an indictment is inevitable for the target’s attorney to negotiate a voluntary surrender and release on bond after the government obtains an indictment, thereby avoiding an unexpected arrest and a possible temporary pretrial detention between the time of the arrest and detention hearing before a United States magistrate judge.
A target also should be proactive in response to learning that the government is seeking documents and other items of potential evidence through grand jury subpoenas. The target should retain an attorney to discern the source of the subpoenas and their purposes, which will allow that attorney to develop a strategy to undermine the investigation, and then engage the government in a dialogue regarding their case.
Additional Resources On Targets and Subjects in Federal Investigations
What to Expect During a Medicaid Fraud Investigation
Federal Healthcare Fraud Charges and Penalties
Should I Willingly Give Police My Phone During a Criminal Investigation?
Call Federal Criminal Defense Lawyers Lowther | Walker to Respond to Target Letters
Lowther | Walker can help you navigate the road ahead after you receive a target letter. Request your free, no-obligation confidential consultation now by calling (404) 806-7997 and discussing the target letter and its contents with a skilled and experienced defense attorney.