A federal target letter means prosecutors believe you are likely to be charged. Under Department of Justice (DOJ) policy, a “target” is a person the prosecutor or grand jury has substantial evidence linking to a crime and whom the prosecutor considers a putative defendant. A target letter doesn’t mean you’ve been indicted, but it does mean the investigation has focused on you, and how you respond in the coming days can shape what happens next.
At the Gallian Firm, we represent people facing federal investigations in Dallas and throughout North Texas, and we know how much is at stake when a target letter arrives. Your fight becomes our fight, from the first review of the letter through every conversation with the government.
Contact the Gallian Firm at (214) 432-8860 to have the letter and any deadlines reviewed right away.
What “Target” Means in Federal Grand Jury Practice
The DOJ Justice Manual uses specific terms to describe people involved in a grand jury investigation.
A target is someone the prosecutor or grand jury has substantial evidence linking to the commission of a crime and who, in the prosecutor’s judgment, is a putative defendant.
A subject is a broader category: a person whose conduct falls within the scope of the grand jury’s investigation. A witness is someone the government believes has relevant information but whose own conduct isn’t the focus.
These labels matter because they signal how prosecutors view you, but they can change. A subject can become a target as evidence develops, and target status can end if the investigation shifts or closes. Being named a target doesn’t guarantee an indictment.
A Target Letter Is Not the Same as an Indictment
An indictment is a formal criminal charge returned by a grand jury. A target letter comes before that point. Under DOJ policy, prosecutors are encouraged, in appropriate cases, to notify a target a reasonable time before seeking an indictment so the person has an opportunity to testify before the grand jury. The investigation may still be ongoing, and the charging decision may not have been made. That window is often the best time to have experienced counsel engage with the government.
Do Not Call the Prosecutor or Agents to Explain Yourself
When a target letter arrives, many people want to call the prosecutor or agent immediately to clear things up. Anything you say can be used against you, and an incomplete or mistaken explanation can create new problems, including a potential false statement charge. You also don’t know what evidence the government already has or how your words will be interpreted.
Let your attorney handle communications with the Assistant United States Attorney (AUSA) and agents on your behalf.
Preserve Documents and Do Not Alter or Delete Anything
Once you know about a federal investigation, preserve everything that could be relevant, including emails, text messages, messaging app conversations, files, phones, computers, and business records.
Don’t delete, edit, shred, or “clean up” anything, and don’t ask anyone else to. Destroying or altering records with intent to obstruct a federal investigation can lead to separate obstruction charges that may be more serious than the conduct originally under investigation.
Turn off any automatic deletion settings that could erase messages or files.
Separate Preservation From Production
Preserving material doesn’t mean handing everything over. If you’ve received a subpoena, your attorney should analyze what it actually requires, whether any materials are protected by privilege, and whether there are legitimate grounds to narrow its scope. Producing documents without that review can waive protections or provide more than the law requires.
Have Counsel Review the Letter and Any Subpoena Together
A target letter may arrive alone or with a grand jury subpoena. Your attorney should review both together to identify:
- Deadlines: The response date and any scheduled grand jury appearance.
- Requested testimony or documents: What the government is asking you to provide.
- Investigation scope: The general subject matter and any statutes cited.
- Prosecutor contact: The AUSA handling the matter and how to reach them.
- Advice of rights: DOJ policy calls for an advice of rights to accompany subpoenas served on targets and subjects.
In Dallas, these matters are typically handled by the U.S. Attorney’s Office for the Northern District of Texas.
Understand Fifth Amendment and Grand Jury Procedures
Grand jury proceedings are secret and operate differently from a trial. Under Federal Rule of Criminal Procedure 6, only certain people may be present in the grand jury room, and a witness’s attorney generally is not one of them. However, DOJ policy states that a witness with counsel will be given a reasonable opportunity to step outside to consult. The advice of rights also informs witnesses that they may refuse to answer questions if a truthful answer would tend to incriminate them, and that anything they say may be used against them.
Whether and how to assert the Fifth Amendment privilege is a decision that depends on the specific facts and should be made with counsel. DOJ policy also addresses situations in which a target and attorney state in writing that the target will invoke the privilege, in which case the target is ordinarily excused from testifying unless the grand jury and the U.S. Attorney insist.
Counsel May Contact the AUSA Before the Appearance
An experienced federal defense attorney may reach out to the AUSA before any scheduled appearance. These conversations can clarify your status and the scope of the investigation, address scheduling, and in some cases open discussions about a proffer, immunity, or other resolutions. Every situation is different, and cooperation isn’t automatically the right choice. It carries significant risks and benefits that depend on the evidence, your exposure, and your goals, so it should be weighed carefully with counsel.
Prepare for More Than One Possible Next Step
After a target letter, several outcomes are possible.
The government may decide not to bring charges, or it may continue investigating and issue additional subpoenas.
Your attorney may negotiate a resolution before charges are filed, or the grand jury may return an indictment.
DOJ policy also gives the U.S. Attorney discretion to notify someone when their target status has ended, though such a notice doesn’t prevent the investigation from being reopened.
Preparing for each possibility with the right legal team helps you make informed decisions as the investigation develops.
Contact Gallian Firm About a Federal Target Letter in Dallas
The Gallian Firm is built on a simple premise: your fight becomes our fight. Our team brings more than 50 years of combined legal experience and more than 60 jury trials to clients facing the power of the federal government. When you receive a target letter, we review the letter and any subpoena, protect you from making statements that could hurt your case, and communicate directly with prosecutors on your behalf.
Attorney Gregg Gallian and our team provide the experience, dedication, and strategic thinking needed to protect your freedom, your business, and your future. Every case is different, and no outcome can be promised, but early action gives you the most options.
Learn more about our Dallas federal criminal defense practice, then contact Gallian Firm at (214) 432-8860 to discuss your situation.
Frequently Asked Questions
Does a target letter mean I will be indicted?
Not necessarily. A target letter signals that prosecutors have substantial evidence linking you to a crime and view you as a likely defendant, but it doesn’t establish that an indictment will be returned. Investigations can change direction, and some end without charges.
Should I comply with a grand jury subpoena if I am a target?
A subpoena should never be ignored. Under the Federal Rules of Criminal Procedure, failing to obey a subpoena without adequate excuse can be treated as contempt of court. Your attorney should review the subpoena to address its scope, privileges, and any lawful objections before you respond.
Can my lawyer go into the grand jury room with me?
Generally, no. Your attorney typically waits outside the grand jury room, but DOJ policy provides that a witness with counsel will be given a reasonable opportunity to step outside to consult during questioning.