If you are asking the question, “Why would I get a letter from the Office of the Attorney General,” it is imperative to take immediate action.
A letter from the Office of the Attorney General is often the first indication that you or your business may be the target of a federal investigation. Given the potential severity of the consequences, your first course of action should be to consult an attorney experienced in government investigations who can advise you on how to respond and reduce the risk of criminal charges.
The Department of Justice (DOJ) is tasked with enforcing federal law and includes both a civil and criminal division. The federal prosecutors in the United States Attorney’s Office send letters to individuals or entities that they have identified as either witnesses or targets of a criminal or civil investigation.
In civil cases, the DOJ often issues “civil investigative demands,” or CIDs, to gather information in connection with an investigation. In criminal matters, DOJ letters are generally accompanied by a grand jury subpoena, which orders the recipient to produce documents and/or testify before a grand jury. In either case, the DOJ believes the recipient has information that is relevant to an investigation or the recipient is the target of the investigation.
A “target” letter is one type of communication that you may receive from the U.S. Attorney’s Office. These letters inform the recipient that they are under investigation by a grand jury. Federal prosecutors are not required to issue target letters, but it is the general policy of the Department of Justice to do so. Cases, where notification may not be provided, include routine clear cases or cases where such action might jeopardize the investigation because of the likelihood of flight, the risk of destruction of evidence, or similar concerns.
Target letters are often issued to the subjects of a white-collar investigation. White-collar crimes encompass a wide range of fraudulent practices, including securities fraud, embezzlement, corporate fraud, healthcare fraud, mortgage fraud, and tax evasion.
In a target letter, the United States Attorney’s office informs the recipient that he or she is the target of a federal investigation and will be called to testify in front of a grand jury. The letter broadly states the nature of the illegal activity being investigated and advises the target of his or her rights, including the Fifth Amendment protection against self-incrimination. The letter also warns the recipient that the destruction or alteration of any document required to be produced before the grand jury is a violation of federal law.
No matter the context, ignoring a letter from the DOJ could result in serious legal consequences. However, before taking any action in response to any communications from the DOJ, you should consult with an attorney.
A CID, grand jury subpoena, or target letter will generally outline what steps the U.S. Attorney’s Office wants the recipient to take. For instance, the CID or subpoena may require the production of certain documents and information. While it is true that the U.S. Attorney’s Office has broad power to demand documentation from individuals and entities during a federal investigation, this power is not without limitations. Rather, federal law limits the types of requests that the U.S. Attorney’s Office can make and the scope of the documentation that it is legally allowed to demand.
Letters from the DOJ may also invite the recipient to meet with the Assistant U.S. Attorneys and investigators assigned to their case or compel testimony before a grand jury. If it is unclear if you are a target or a witness, which is often the case, your attorney may be able to obtain more information about your role in the federal investigation and devise a strategy to avoid being indicted or resolve the case entirely.
In any mentioned scenario, it is vital to obtain the best defense counsel before taking the next steps.
Whether you receive a CID, grand jury subpoena, or federal target letter, it is imperative to contact an experienced white-collar defense attorney to assist and defend you. You should always seek legal counsel before meeting with law enforcement agents. We have seen many cases where the defendant harmed his or her case by saying or doing something in the early stages of an investigation. To provide the most effective defense, investigation targets should understand their rights and have a strategy in place from the outset.
