If authorities have sent notice that you’re a “Target” in a government investigation, it’s critical to understand what this designation means and how to respond. When the federal government labels you as a Target in a government investigation, that is the most serious designation in a federal criminal investigation. It signals that federal prosecutors believe there is substantial evidence linking you to potential wrongdoing—evidence that could result in criminal liability under federal criminal law.
I’m Justin Paperny, and our team has worked with many individuals facing this difficult situation. In fact, we’ve all been in that situation.
While this phase can feel overwhelming, your response can significantly influence the outcome. With the right defense strategy, it’s possible to take control of your narrative and work toward a better result.
Who Is a Target of an Investigation?
In legal terms, a target of an investigation (also referred to as a subject of an investigation) is someone whom federal prosecutors (often through the U.S. Attorney’s Office or Assistant United States Attorney) consider likely to be charged with a commission of a crime. This designation typically arises when federal investigators have gathered substantial evidence to believe you played a significant role in the alleged misconduct.
Key characteristics of a Target include:
- Focus of the Investigation: The federal investigation is centered on your actions, decisions, or involvement.
- Likelihood of Charges: Prosecutors are actively evaluating which federal criminal charges to file against you.
- Increased Scrutiny: Law enforcement agents (including federal law enforcement agencies such as the United States Department of Justice) may use tools like grand jury subpoenas, search warrants, and surveillance to build their case.
Why the Target Designation Matters
Being labeled a Target carries serious implications:
- Imminent Risk of Charges: Prosecutors may already have enough relevant information to proceed with charges or seek additional data to solidify probable cause. This could involve allegations such as white-collar crimes, money laundering, drug crimes, or even violent crimes, depending on the scope of the ongoing investigation.
- Intensified Investigative Efforts: You should anticipate that when prosecutors view you as the primary focus of the federal criminal case, they will scrutinize your actions, communications, and history in great detail. Your company may receive additional grand jury subpoena requests as federal law enforcement agent teams look deeper into your past.
- Potential Legal and Financial Consequences: Criminal prosecution can lead to severe penalties, including steep fines, imprisonment, and long-term damage to your reputation and career. Financial penalties may come alongside civil repercussions, depending on the nature of the alleged criminal acts.
Common Reactions of a Target
Many Targets react with fear or denial, which can lead to poor decisions. As I’ve written elsewhere, I made many bad decisions during my phase of going through an investigation process, which opened the door to more serious charges and criminal exposure.
Common missteps include:
- Avoiding Legal Advice: Some people hesitate to hire an experienced federal criminal defense attorney, believing they can manage the situation independently.
- Attempting to Cover Up: Destroying evidence, making false statements, lying to investigators, or persuading others to provide inaccurate information can escalate the situation and lead to obstruction charges.
- Ignoring the Investigation: Hoping the problem will go away often results in missed opportunities to mitigate damage.
Instead of reacting emotionally, it’s crucial to take deliberate, informed steps to protect yourself.
How to Respond as a Target
If you’ve been designated as a target in a government investigation, consider the following steps:
- Consult an Experienced Attorney
- Hire legal counsel who specializes in federal cases and government investigation matters, preferably an experienced federal criminal defense attorney.
- Your attorney will assess the evidence, identify risks, and develop a defense strategy tailored to your situation.
- Understand the Allegations
- Work with your attorney to understand the specific allegations, which could range from white-collar crimes (e.g., wire fraud, health care fraud) to other offenses within the United States Department of Justice’s practice areas.
- Clarify how investigators perceive your role and what they are seeking to prove.
- Document Your Actions
- Keep a detailed record of your communications, decisions, and steps taken in response to the investigation.
- Avoid altering or destroying records, as this can lead to additional charges for obstruction or making false statements.
- Engage Thoughtfully with Investigators
- Any communication with investigators should be coordinated through your attorney.
- Provide truthful and consistent information, avoiding speculation or unnecessary elaboration.
- Law enforcement agents and government agent inquiries can be intimidating; relying on your attorney ensures you protect your legal rights.
- Prepare for Negotiations
- In some cases, your attorney may negotiate a plea agreement or settlement to resolve the federal criminal case more favorably.
- Being proactive and demonstrating accountability can improve your position during these discussions and potentially limit your criminal exposure.
A Real Story: Mark’s Experience as a Target
Authorities identified Mark, a senior executive at a tech startup, as a Target in a federal investigation into allegations of insider trading—a form of white-collar crime. Federal law enforcement agent teams alleged that Mark had used confidential information to buy shares before a major merger announcement, resulting in significant profits.
Initially, Mark panicked and considered deleting emails and text messages related to the trades. However, his attorney advised him of the risks that would follow, emphasizing the importance of transparency and cooperation. Instead, Mark:
- Reviewed his trading history and records with his attorney to fully understand the allegations.
- Worked with a forensic accountant to verify that the trades were consistent with his normal trading patterns.
- Cooperated with investigators, providing documentation that demonstrated he had acted within legal boundaries.
Mark’s proactive approach helped reduce the severity of the charges. While he agreed to pay a fine and accept restrictions on future trading, he avoided criminal prosecution in federal court and was able to rebuild his career.
Opportunities for a Target
While being a Target is serious, it’s not the end of the road. By taking deliberate action, you can:
- Demonstrate Accountability: Show that you’re taking the investigation seriously and are willing to address any wrongdoing.
- Mitigate Potential Consequences: Early cooperation and transparency can lead to reduced charges or more favorable resolutions, including a lesser chance of facing a Federal Target Letter.
- Shape Your Narrative: Use this phase to clarify your actions, intentions, and contributions to the broader case. Working closely with a federal defense lawyer can help manage the scope of the grand jury or any U.S. Attorney’s Manual considerations.
Next Steps
The role of a Target is challenging, but it’s also an opportunity to take control of your future. The sooner you act, the better your chances of influencing the outcome, whether you’re dealing with drug crimes, money laundering, wire fraud, or other alleged offenses.
If you’ve been designated as a Target, here’s what you can do now:
- Schedule a Free Consultation
- Meet with an experienced federal criminal defense attorney or law firm. Many law offices offer free consultations.
- This is your first step toward understanding the investigation and protecting your legal representation.
- Start Preparing Your Defense
- With the guidance of legal and financial experts, gather evidence and facts to establish your position.
- Your attorney may engage with the United States Attorney’s Office or even the U.S. Attorney’s Office in your district to answer questions or respond to inquiries.
- Learn More About Your Constitutional Rights
- Familiarize yourself with your Fifth Amendment right against self-incrimination, criminal procedure guidelines, and how to handle a Federal Target Letter or grand jury subpoena.
- Understanding your rights is crucial to avoiding pitfalls that could increase your criminal exposure.
- Stay Informed Through Webinars or Private Consultations
- Join our next webinar or schedule a private consultation for tailored advice and support.
- An ongoing investigation can move quickly, so staying informed can help you make well-reasoned decisions under pressure.
- If you have questions or concerns, use the contact form on our official website to schedule an intro call with a Mitigation Expert or call or text us directly at 949-799-3277.
The decisions you make today will help determine your outcome. Prepare properly.
Justin Paperny