Federal Target Letters and Sentencing: How Cooperation Impacts Your Outcome
Contents
- 1 Federal Target Letters and Sentencing: How Cooperation Impacts Your Outcome
- 1.1 Federal Investigations: What Makes Them So Different?
- 1.2 Federal Sentencing: Guidelines That Pack a Punch
- 1.3 Cooperation: Why It Can Change Everything
- 1.4 Defense Strategies: Detailed Scenarios and Approaches
- 1.5 Practical Insights
- 1.6 TABLE: Common Federal Offenses and Possible Sentencing Outcomes
Federal Target Letters and Sentencing: How Cooperation Impacts Your Outcome
If you’re reading this, it’s because you’re in serious legal trouble—and need an attorney right now. At Spodek Law Group, we get it. We’ve been handling tough federal cases for over 50 years combined, and we believe in delivering the best possible legal help. When a federal prosecutor mails you a target letter, it means you’re squarely in the DOJ’s crosshairs. Ignoring it, or taking it lightly, can lead to disastrous outcomes.
Federal Investigations: What Makes Them So Different?
Federal authorities like the FBI, IRS, or DEA have vast resources at their disposal. Unlike typical state-level cases, they usually spend months—sometimes years—building evidence behind the scenes. By the time you get a target letter, they’re already mapping out charges. We’ve seen situations where a state case is dropped, only for the federal government to come charging in under the “dual sovereignty” doctrine. Translation: just because state authorities gave you a break doesn’t mean the feds will.
Key Point: Under the Fifth Amendment, you’re protected from double jeopardy for the same offense. However, that rule doesn’t always apply if the conduct triggers separate federal laws. Trust us—this is more common than you think.
Federal Sentencing: Guidelines That Pack a Punch
If you’re indicted on a federal crime, the Federal Sentencing Guidelines kick in. For example, a money laundering charge under 18 U.S.C. § 1956 ties your potential sentence to the total amount of money allegedly laundered. Drug offenses under 21 U.S.C. § 841 might involve mandatory minimums, which can start at 5 or 10 years depending on the drug type and quantity. Fraud cases under 18 U.S.C. § 1343 often hinge on the alleged financial loss figure, which can spike your offense level.
The Guidelines aren’t absolute—18 U.S.C. § 3553(a) gives federal judges some leeway to factor in your personal background, criminal history, and other elements. But in practice, these Guidelines heavily shape the plea negotiations, especially if prosecutors think they have a strong case against you.
Cooperation: Why It Can Change Everything
Cooperation isn’t a one-size-fits-all fix, but it can shift your sentencing picture. Under U.S.S.G. § 5K1.1, federal prosecutors can move for a reduced sentence when you provide “substantial assistance.” That can include naming co-conspirators, clarifying complex conspiracies, or pointing the DOJ toward bigger players. If you’re already convicted, Rule 35 of the Federal Rules of Criminal Procedure can still provide a path for sentence reduction if you hand over valuable intel post-conviction.
We’ve seen this play out successfully for clients who decided to cooperate in a measured way. That said, you must tread carefully. If you lie or fail to deliver meaningful details, you could end up facing additional charges, like making false statements under 18 U.S.C. § 1001. We don’t push you into cooperating if it places you or your family in danger. Every decision is yours to make. We’re here to guide you.
Defense Strategies: Detailed Scenarios and Approaches
Our job is to explore every angle that can help you, whether it’s a motion to suppress evidence or a carefully structured proffer. Below are some nuanced examples:
Scenario 1: Minor Player in a Conspiracy
- Allegation: Wire fraud under 18 U.S.C. § 1343, spanning multiple states.
- Approach: We consider an early proffer session. If evidence shows you were just a peripheral figure, prosecutors might reduce charges or even treat you as a cooperating witness instead of a main defendant.
- Potential Outcome: Avoiding an indictment altogether or transforming an unmanageable felony into a winnable case.
Scenario 2: Challenging a Faulty Investigation
- Allegation: Drug distribution under 21 U.S.C. § 841, with mandatory minimums looming.
- Approach: We file motions to suppress illegally obtained evidence. If federal agents overstepped a search warrant, that evidence might be inadmissible. A shaky case often compels prosecutors to offer a more favorable plea deal.
- Potential Outcome: Charges dropped if the government’s evidence collapses, or a heavily reduced sentencing recommendation.
Scenario 3: Controlled Cooperation
- Allegation: Conspiracy to commit bank fraud, with potential RICO violations under 18 U.S.C. § 1962.
- Approach: You have information that could unravel a major organization. We arrange a “limited” cooperation agreement, emphasizing personal safety and ensuring you don’t incriminate yourself further.
- Potential Outcome: Prosecutors might file a U.S.S.G. § 5K1.1 motion that significantly lowers your Guideline range.
Scenario 4: After a Guilty Verdict
- Allegation: Convicted at trial for money laundering.
- Approach: We look at Rule 35 and consider post-conviction cooperation. This can still reduce your sentence if you provide substantial assistance that benefits ongoing investigations.
- Potential Outcome: A downward departure from the original sentence, saving you years in federal prison.
Practical Insights
- Document Everything: Bring us every search warrant, subpoena, or piece of evidence you have. We can’t argue holes in the government’s case if we don’t know they exist.
- Never Lie to the Feds: A single false statement can add to your legal jeopardy. Once your credibility is gone, negotiations for leniency become much harder.
- Proactive Communication: We offer a fully online digital portal so you can securely share documents, check invoices, and stay updated 24/7.
- Federal Jurisdiction is Expansive: If any part of the alleged crime crosses state lines—phone calls, emails, money transfers—the DOJ can likely assert federal jurisdiction.
TABLE: Common Federal Offenses and Possible Sentencing Outcomes
| Offense | Statute | Key Factors Affecting Sentencing | Cooperation Benefit* |
|---|---|---|---|
| Wire Fraud | 18 U.S.C. § 1343 | Alleged loss amount, # of victims | Potential downward departure |
| Drug Trafficking | 21 U.S.C. § 841 | Type/quantity of drugs, prior record | Can waive mandatory minimums |
| Money Laundering | 18 U.S.C. § 1956 | Amount laundered, complexity | Reduced sentencing range |
| RICO Conspiracy | 18 U.S.C. § 1962 | Organized structure, leadership role | Substantial assistance can help |
*Exact sentencing reductions depend on the nature of your cooperation and the government’s viewpoint.