Getting a federal target letter means you need to immediately contact an experienced Miami federal investigation lawyer to help you understand what’s happening and, just as importantly, what you should and shouldn’t do next.
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The Kirlew Law Firm, PLLC, is led by Brian Kirlew, a Board Certified Trial Lawyer. His courtroom background brings a trial-focused perspective to every case we handle. With 80 jury trials behind him, Brian understands what it takes to prepare for the courtroom while also recognizing that every case has its own risks, opportunities, and goals.
What Is a Federal Target Letter?
Across the U.S. in 2024, 69,802 criminal federal cases were filed. A federal target letter is written notice from federal prosecutors that you’re considered the target of a criminal investigation. In other words, it’s a serious warning that the government’s investigation has turned its attention directly toward you, which means prosecutors or a grand jury have substantial evidence linking you to a crime.
What You Should Do After Receiving a Target Letter
If you receive a federal target letter, it’s important not to panic. A target letter is a serious development in a federal investigation, but it doesn’t mean you’ve been charged or found guilty. You still have rights, and you still have decisions to make. Before doing anything else, you need to focus on protecting your position. You can do this by following the advice listed below:
- Keep the original target letter and any attachments you received.
- Preserve emails, text messages, financial records, contracts, photographs, and other potentially relevant materials.
- Under 18 U.S.C. § 1519, you can get into more legal trouble if you knowingly delete, change, or hide records to interfere with a federal investigation. In other words, don’t delete files just because you’re worried about what investigators might find.
- Avoid discussing the investigation with coworkers, employees, friends, or potential witnesses.
- Don’t contact investigators or agree to a voluntary interview before speaking with a federal criminal attorney.
- Pay attention to any deadlines, subpoenas, or instructions contained in the correspondence.
A strong federal criminal defense strategy begins with a careful review of the target letter, the allegations involved, and any circumstances that may have led federal authorities to focus on you. A target letter arrives before any arrest, which is exactly the window where hiring a lawyer before an arrest changes the most. From there, a federal criminal attorney can help evaluate whether responding to prosecutors, providing information, or declining a voluntary interview makes sense considering the circumstances.
Receiving a Target Letter and Indictment
A target letter signals that federal prosecutors are considering charges, but it doesn’t mean an indictment is guaranteed. The government could continue investigating, gather more evidence, or decide not to bring charges. If you’ve received one, consulting a federal criminal attorney early can help you understand what might happen next. The next steps depend upon the factors listed below:
- Evidence prosecutors already have
- Information obtained through interviews or subpoenas
- Financial, electronic, or business records
- Statements from witnesses or cooperating individuals
- Whether prosecutors believe more investigation is necessary
- Whether the evidence supports specific charges
Under Federal Rule of Criminal Procedure 6, federal grand jury proceedings are generally secret. A grand jury could return an indictment when the legal requirements are met, but an indictment is only a formal accusation, not a finding of guilt. What follows is arraignment, discovery, and motion practice, all of it moving toward a federal criminal trial in Miami or a negotiated resolution. So, while a target letter involving potential federal crimes should be taken seriously, it doesn’t determine the final outcome.
Why Federal Investigations Require Careful Legal Strategy
Federal investigations can be complicated, especially when they involve serious federal crimes. Agencies like the FBI, IRS Criminal Investigation, DEA, SEC, or other federal authorities could become involved. The government’s evidence could include the examples listed below:
- Banking and financial records
- Emails, texts, and other electronic communications
- Business records and witness statements
- Evidence obtained through searches or subpoenas
You might not know everything prosecutors already have, making it difficult to assess the investigation. A federal criminal attorney can review the allegations, evaluate potential defenses, and determine whether communicating with prosecutors is appropriate.
Some federal crimes can also involve overlapping allegations, like fraud, tax offenses, false statements, or obstruction. Fraud counts in particular tend to stack, and the difference between bank fraud and wire fraud often decides how many charges a target ultimately faces. Because every investigation is different, an effective federal criminal defense strategy should be based on the specific facts and the evidence involved.
FAQs
Does a Target Letter Have to Be Sent Before Someone Is Indicted?
No, a target letter doesn’t have to be sent before someone is indicted. Federal prosecutors aren’t required to notify every target. Target notification is generally a matter of prosecutorial policy, and prosecutors might decide not to provide advance notice when doing so could interfere with an investigation. That means someone could face an indictment without ever receiving a federal target letter.
Can a Business Receive a Federal Target Letter?
Yes, a business can receive a federal target letter. Federal investigations aren’t limited to individuals, and an organization itself can be identified as a target when prosecutors believe there might be evidence of criminal conduct. A company’s status, however, doesn’t automatically determine the status of its employees. Each person’s role and conduct are separately evaluated based on the circumstances of the investigation.
Can Prosecutors Withdraw Someone’s Target Status?
Potentially, yes, prosecutors can end or withdraw someone’s target status. This can happen when prosecutors decide not to pursue an indictment or if they decide to close their investigation into that person. However, prosecutors aren’t necessarily required to formally announce that target status has ended. Whether someone receives additional notification can depend on the circumstances.
Does Receiving a Federal Target Letter Mean You’re the Only Person Being Investigated?
No, receiving a federal target letter doesn’t mean you’re the only person being investigated. Federal investigations can involve multiple individuals, businesses, or organizations connected to the same alleged conduct. Prosecutors separately look at each person’s involvement and potential liability. Understanding how your role fits into the broader investigation is important when determining how to approach the situation.
Hire a Federal Criminal Lawyer in Miami
When you need to hire a federal criminal lawyer, having a firm that actually knows the Miami legal landscape can make a real difference. The attorneys at The Kirlew Law Firm, PLLC, understand that federal investigations happen in specific districts, before specific judges, and within a local legal system that we know firsthand.
We practice in the James Lawrence King Federal Justice Building in Miami, the Wilkie D. Ferguson, Jr. U.S. Courthouse in Miami, and the U.S. Courthouse in Fort Lauderdale. That local familiarity gives us a practical understanding of the preferences and procedures that can shape the outcome of your federal criminal case. Contact us to schedule a consultation.
