Criminal Defense Lawyers

New Mexico Federal Target Letters

You Just Got a Federal Target Letter in New Mexico – Here’s What to Do

What Is a Federal Target Letter?

In simple terms, a target letter is a notification from federal prosecutors that you are the target of a criminal investigation. It means the government believes they have substantial evidence linking you to a federal crime. The letter will likely state the general nature of the investigation and the agency involved, like the FBI, DEA, or IRS.

It may also include a request for you to take certain actions, such as:

• Testify before a grand jury
• Meet with the prosecuting U.S. Attorney
• Provide documents or evidence

Most importantly, the target letter signals that an indictment could be coming if the prosecutor can further build their case against you. Now you’re probably thinking – this sounds pretty serious, right? You’re not wrong. Receiving a target letter is definitely a big deal that requires your immediate attention. But here’s the key thing to understand: A target letter is not formal criminal charges or a conviction. It’s simply a notification that you are squarely in the government’s investigative crosshairs.The good news? By taking swift and strategic action, it may be possible to resolve the case before charges are ever filed. And that’s exactly what an experienced federal criminal defense lawyer like myself can help you do.

What Not to Do After Receiving a Target Letter

I’ve covered the crucial “dos” after getting a target letter. Now let me warn you about some of the biggest “don’ts” I always caution my clients against:

• Do NOT speak to federal investigators or prosecutors without your lawyer present, no matter how small the discussion may seem. As I said, anything you say can potentially be used against you.
• Do NOT destroy or conceal any documents, emails, mobile devices or other potential evidence. This can easily lead to additional obstruction charges on top of the original investigation.
• Do NOT lie or mislead investigators if they do approach you before you’ve hired a lawyer. This can compound your legal troubles significantly.
• Do NOT assume you can easily talk your way out of this situation on your own. Federal prosecutors are skilled and determined. You need an equally skilled defense attorney on your side.
• Do NOT take a “wait and see” approach, hoping the investigation will just go away. It won’t. You need to take decisive action to defend yourself.

The bottom line is that from the moment you receive a target letter, you are in the federal government’s crosshairs. Any missteps could seriously jeopardize your freedom and your future. So the prudent path is to go into complete lockdown mode – remain silent, remove yourself from the situation, and allow an experienced federal criminal lawyer to take the lead.

Why Do Prosecutors Send Target Letters?

Federal prosecutors have a few different reasons for sending out target letters:

To Gather Evidence – The letter may be an attempt to get you to make incriminating statements or produce potential evidence against yourself. Prosecutors know most people panic and want to “explain themselves.”

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To Induce Cooperation – By putting you on notice, prosecutors hope you’ll be motivated to cooperate and provide information that aids their investigation in exchange for leniency.

To Satisfy Policy – Federal guidelines require prosecutors to notify subjects when they become targets of an investigation. The letter satisfies this policy requirement.

To Apply Pressure – Make no mistake, the target letter is a strategic move designed to ramp up pressure and get you to take actions that could further the government’s case. So as you can see, that innocent-looking letter is anything but. It’s a calculated tactic deployed by skilled prosecutors to gain leverage. Which is exactly why you need to respond with an equally calculated defense strategy – not a knee-jerk reaction made out of fear or panic.

What Happens After You Get a Target Letter?

Once you’ve secured legal representation, your attorney will likely take the following steps in response to the target letter:

Contact the Prosecutor – Your lawyer will reach out to the assigned U.S. Attorney to open a line of dialogue. This allows them to gauge the strength of the government’s case and explore potential resolutions.

Avoid Interviews/Testimony – Unless it’s absolutely strategically advantageous, your lawyer will advise against giving any statements that could be used against you. They’ll assert your 5th Amendment rights.

Negotiate a Resolution – Depending on the circumstances, your lawyer may be able to negotiate for the investigation to be closed without charges, or for you to plead to lesser charges.

Prepare for Trial – If no pre-trial resolution is possible, your lawyer will start building a defense strategy aimed at taking your case to court and fighting the charges.The key is developing a comprehensive legal strategy – not just a knee-jerk reaction. An experienced federal defense firm like Spodek Law Group can review all angles and options for your specific situation.

Why You Shouldn’t Ignore a Target Letter

It may be tempting to disregard a target letter, but that is not advisable. Here’s why you shouldn’t ignore it:

• The investigation will proceed with or without your cooperation
• Remaining silent could prompt prosecutors to take a more aggressive stance
• An indictment could broadside you if you fail to engage
• You lose the opportunity to advocate your position
• Any defense will be tougher post-indictment

While a target letter is not to be dismissed, neither is it a definitive condemnation. Retaining counsel promptly allows you to thoughtfully navigate the situation.

Potential Defenses

Depending on the circumstances, possible defenses may include:

An experienced attorney can evaluate which defenses may apply to your situation and build a strong legal strategy around them.

How Target Letters Are Delivered

There are a few different ways you may receive a target letter:

• Certified mail – The letter will require a signature confirming receipt.
• Hand delivery – An agent may personally deliver the letter and have you sign.
• Email – Some letters are now sent electronically.

Regardless of delivery method, take the letter seriously and follow the steps above.

Why Prosecutors Issue Target Letters

There are several reasons prosecutors send target letters:

• Inform you that you are under investigation
• Notify you of potential charges
• Request you take some action (e.g. testify, meet with investigators)
• Encourage retaining legal counsel
• Prompt cooperation with the investigation

While not legally required, target letters can help prosecutors build cases and avoid surprises down the road.

Target vs. Subject

There is an important distinction between being a target versus a subject:

• Target – Prosecutors have substantial evidence linking you to a crime.
• Subject – You may have information related to a crime but are not believed to have committed it.

Subjects sometimes become targets as more evidence is uncovered. If you receive a letter identifying you as a target, it signals significant suspicion of criminal activity.

Crimes That Prompt Target Letters

While any federal crime can warrant a target letter, common examples include:

• Securities fraud
• Embezzlement
• Bribery
• Tax evasion
• Money laundering
• Medicare/Medicaid fraud
• Drug trafficking

White collar crimes like fraud are routine sources of target letters, but letters can relate to any federal offense.

What If the Letter Asks You to Do Something?

A target letter typically asks you to take some affirmative action. Sometimes the information in the letter just tells you to hire a lawyer and have them get in touch with the federal prosecutor investigating the case. As explained above, this is a wise course of action. But other times prosecutors go further in their letters, sometimes inviting you to (for example) voluntarily testify before the grand jury. And you may be tempted to do so, or may be tempted to call the prosecutor and explain your side of the story. But you should think long and hard about whether that is a good thing to do. Be aware that you can make your situation much worse by trying to explain your side of the story too early. You should talk to a lawyer before you do so.

What If I Simply Didn’t Do It?

It could be that you simply did not commit the crime you are being accused of. It could be that the government has the wrong information, or the wrong person. Even if this is the case – even if you know you are innocent – you still need to be very, very careful.Anything you say to the government can still be used against you. And if you say the wrong thing, or if the government thinks you are lying, you could find yourself in much more serious trouble. The best approach is to have an experienced lawyer deal with the government on your behalf. Your lawyer can assert your innocence, while still protecting your rights.

What Does It Mean to Be the “Target” of an Investigation?

First, you should understand what a “Target” means. When they are investigating a potential federal crime, the government has a few different categories they put people in:

• Witness – Someone who might have information about the crime, but who is not suspected of being involved.
• Subject – Someone whose conduct is being looked at, but who is not the main focus of the investigation.
• Target – The person who the government believes may have committed the crime. The main suspect.

If you have been labeled a “Target,” it means the government believes they have evidence that you were involved in committing a federal crime. It is a very serious situation.

OK, So What Should I Do When I Receive a Target Letter?

The first consideration, and one that can’t be overstated enough, is to talk to a lawyer before you talk to the law enforcement agents or prosecutor. This is true whether you have already been interviewed about the investigation or not. It does not matter whether you know you are innocent and want to explain yourself, or whether you believe you did something wrong and want to accept what comes in from the indictment. You may have heard the Miranda warning on TV or movies explaining that what you say “can and will” be used against you. That is true. There can be severe and permanent negative outcomes if you talk to prosecutors or agents. These include the very real risk of getting charged with “Making a False Statement to a Federal Official” if the prosecutors and FBI agents think what you are telling them is untrue. Innocent comments can be misinterpreted or misunderstood or made to sound sinister by strong prosecutors. Also, accused people should also avoid talking to potential witnesses about the case – and you should be especially careful because you don’t know who could be a witness, who could be working for the government as an informant, or even if the government is tapping your phone or intends to capture your emails.

What If the Letter Invites Me to Testify Before a Grand Jury?

Sometimes, the target letter will invite you to testify before a grand jury. This is part of the government’s investigation tactics. They want to get you in the room, under oath, and see what you will say. They may promise that you are not the target, or that they just need a little bit of information from you. But you have to be very careful. Once you are under oath in front of that grand jury, anything you say can be used against you. And it is very easy for an experienced prosecutor to twist your words, or to claim that you lied or left something out. If the target letter invites you to testify before a grand jury, you need to have an experienced lawyer with you. Your lawyer can prepare you, and can make sure you do not say anything that could hurt you.

What If I Want to Try to Explain My Side of the Story?

It is understandable to want to try to explain yourself if you have been accused of something. When you know you did not do anything wrong, it can be incredibly frustrating.You may think that if you can just sit down with the prosecutor and explain what really happened, they will realize their mistake and leave you alone. But this is a very dangerous approach. Federal prosecutors are not interested in your explanations or your arguments. They are interested in getting evidence that they can use to get a conviction. If you try to explain your side of the story, without a lawyer present, you are just giving the prosecutor more ammunition to use against you. Anything you say can be taken out of context, or used to claim that you were lying or leaving something out. The safe approach is always to have an experienced lawyer present if you do want to try to explain yourself. Your lawyer can make sure you do not say anything that could hurt you, and can present your side of the story in a way that protects your rights.

What If I Did Actually Do Something Wrong?

It could be that you did actually engage in some conduct that could be seen as a federal crime. Maybe you knew what you were doing was wrong, or maybe you just made a mistake. Either way, you still need to be very careful about what you say to federal investigators and prosecutors. You may think that if you just admit what you did, you will get a lighter sentence. But that is not always how it works. Federal prosecutors are interested in getting convictions, not in going easy on people. If you admit to a federal crime without getting anything in return, the prosecutor will simply use your admission to get that conviction. The better approach is to have an experienced lawyer deal with the prosecutor on your behalf. Your lawyer can negotiate for you – for example, they can try to get the charges reduced, or to get you into a diversion program, in exchange for your cooperation. But you should never try to negotiate with the prosecutor on your own. Anything you say can be used against you. Let your lawyer do the talking.

What If I Want to Take a Wait and See Approach?

For some people, the instinct when they receive a target letter is to just ignore it and wait and see what happens. Maybe the investigation will just go away, they think. Or maybe it is just an empty threat.But this is a very unwise approach. Federal investigations do not just go away. And if you ignore the target letter, you are just giving the prosecutor more time to build their case against you. By the time the prosecutor is ready to indict you, they may have much more evidence against you. And you will have missed your opportunity to try to resolve the situation before charges are filed. The prudent approach is to take the target letter very seriously, and to immediately retain an experienced lawyer to deal with it. Your lawyer can try to resolve the situation before charges are filed, or can at least start preparing your defense.

What If I Am Afraid I Can’t Afford a Lawyer?

For many people, the biggest concern when they receive a target letter is how they are going to pay for a lawyer. Federal criminal defense lawyers can be very expensive, and most people do not have thousands of dollars just sitting around to pay legal fees. But you should not let this concern stop you from hiring a lawyer. There are options available, even if you do not have a lot of money. First, many lawyers offer payment plans, so you can pay your fees over time. Second, if you truly cannot afford a lawyer, you may be eligible for a public defender. The public defender’s office has lawyers who are appointed to represent people who cannot afford to hire a private lawyer. While public defenders are often overworked and underfunded, they are still better than trying to represent yourself. And finally, remember that the cost of not hiring a lawyer could be much higher. If you are convicted of a federal crime, you could be facing years in prison and tens of thousands of dollars in fines. In that light, the cost of a lawyer is a wise investment.