A federal target letter is a written notice from an Assistant United States Attorney telling you that a federal grand jury is investigating you for possible crimes and considers you a likely defendant. It names the general conduct under investigation, cites the specific statutes at issue, and gives you a deadline to contact the prosecutor before charges are sought. It is not an indictment, but it is close to one, and how you use the days between the letter and that deadline often matters more than anything that happens later.
What the Letter Tells You
The letter, usually one or two pages on Department of Justice letterhead, states plainly that you are a “target” of a federal grand jury investigation. It identifies the criminal activity under investigation and lists the federal statutes you may have violated. In a financial case, that might mean the conspiracy, wire fraud, and bank fraud statutes; wire fraud alone under 18 U.S.C. § 1343 carries up to 20 years, rising to 30 years and a $1 million fine when a financial institution or a presidentially declared disaster is involved.1Office of the Law Revision Counsel. 18 U.S.C. 1343 – Fraud by Wire, Radio, or Television
The letter closes with the prosecutor’s contact information and a deadline. If the government does not hear from you or your attorney by that date, it will assume you have no interest in discussing the case and move toward indictment. The number of days varies by case and prosecutor; there is no standard.
Every target letter also carries a formal Advice of Rights required by the Justice Manual. You are told the grand jury is investigating possible violations of federal criminal law; that you may refuse to answer any question if a truthful answer would tend to incriminate you; that anything you say may be used against you by the grand jury or in later proceedings; and that if you have an attorney, you will be given reasonable time to step outside the grand jury room to consult with them. Targets get an added warning that their own conduct is under investigation.2United States Department of Justice. Justice Manual 9-11.000 – Grand Jury
Why “Target” Is the Worst Word to See
Inside the DOJ, “target” has a specific meaning. It is a person the prosecutor or grand jury has substantial evidence linking to the commission of a crime and who, in the prosecutor’s judgment, is a likely defendant. A “subject” is someone whose conduct falls within the scope of the investigation but who has not yet been identified as a probable defendant. A “witness” is someone with relevant information who is not personally suspected. If your letter uses the word target, the government is telling you it already believes it has enough to charge you.2United States Department of Justice. Justice Manual 9-11.000 – Grand Jury
One boundary matters here. The Supreme Court has held that targets are entitled to no special warning about their status; the DOJ sends these letters as a matter of internal policy, not constitutional obligation. So the reverse is also true: you can be indicted without ever receiving one. Silence from the government is not safety.2United States Department of Justice. Justice Manual 9-11.000 – Grand Jury
What to Do the Day the Letter Arrives
Hire a federal criminal defense attorney before you do anything else. Federal criminal practice is its own specialty, and a general practitioner is not the right choice. The pre-indictment window is when the most important strategic decisions get made, and you want experienced counsel making them with you. If you cannot afford private counsel, the letter itself will usually include contact information for requesting appointed counsel.
Do not talk to federal agents or the prosecutor without your attorney present. Anything you say can be used against you, and statements that feel innocent in the moment tend to become problems later. Do not discuss the letter or the investigation with friends, family, or coworkers either. Those conversations are not privileged, and the people you talk to can be subpoenaed to describe them under oath.
Preserve everything. Every document, email, text, and file that could be relevant needs to stay exactly where it is. The instinct to clean things up is understandable and dangerous. Under 18 U.S.C. § 1512, destroying, altering, or concealing records with the intent to impair their availability for an official proceeding is a separate federal crime carrying up to 20 years on its own.3Office of the Law Revision Counsel. 18 U.S.C. 1512 – Tampering With a Witness, Victim, or an Informant Obstruction charges are often easier to prove than the underlying offense, and shredding, wiping, or deleting after a target letter arrives is essentially handing the government a second case.
Your Three Response Paths
Once your lawyer is engaged, the options generally come down to three: negotiate through a proffer, testify before the grand jury, or decline to engage. Each has real trade-offs.
Negotiating Through a Proffer Agreement
A proffer, sometimes called a “queen for a day” session, is a meeting where you tell prosecutors what you know under an agreement that your statements cannot be used directly against you at trial. It is informal, with no judge and no formal rules of procedure. If the prosecutor finds your information credible and useful, a proffer can lead to a plea agreement with reduced charges or a lighter sentence, and sometimes to cooperation credit against other targets.
The risks are real. The government can use what you say to develop new leads and find other evidence against you. Nearly all proffer agreements allow prosecutors to use your statements to impeach you if you testify inconsistently at trial. If the prosecutor concludes you lied during the session, that itself becomes a false-statements charge. A proffer belongs on the table only after careful discussion with your attorney, and generally only when indictment looks nearly certain without one.
Testifying Before the Grand Jury
The letter may invite you to testify. You have the right to do so, and most defense attorneys advise against it. You would be under oath in a proceeding controlled entirely by the prosecutor, with your lawyer outside the room. Your Fifth Amendment right to refuse incriminating questions still applies, but invoking it repeatedly in front of the grand jurors carries its own strategic cost.2United States Department of Justice. Justice Manual 9-11.000 – Grand Jury
Declining to Respond
You are under no legal obligation to answer the letter. But ignoring it usually means giving up your best chance to shape the outcome. Pre-indictment is where the most favorable plea offers tend to exist, particularly when the government wants your cooperation against other targets. Once charges are filed, that leverage drops sharply.
If the Deadline Passes Without a Response
If you do not respond, the government proceeds toward indictment. It does not always happen the next day, but the investigation moves on without your input. When the grand jury returns an indictment, you will be formally charged and either arrested or summoned to appear in federal court for arraignment. From that point the case shifts into a different phase, with mandatory court appearances, potential pretrial detention hearings, and a narrower set of options for negotiation.