Federal Grand Jury Target Letters

In the last blog article, we discussed what you should do if you are served with a federal grand jury subpoena. But what should you do if, instead of a receiving a subpoena, you receive a "target letter?" In federal grand jury practice, a target letter typically informs the recipient that he or she is a target of a grand jury investigation and that a federal prosecutor has decided you are a potential defendant. In addition, the federal prosecutor has decided to "invite" you to appear before a federal grand jury and see if you will incriminate yourself! So, what should you do?

The answer is: RUN to your (criminal defense) lawyer! In other words, receiving a target letter, which informs you that you may be indicted on federal criminal charges, is a very serious matter! Your criminal defense attorney should be an attorney who is experienced in federal court and in dealing with federal prosecutors. An experienced criminal defense attorney will contact the federal prosecutor, find out what is going on, and attempt either to obtain some concessions from the government, or perhaps "decline" the "gracious" invitation to appear before the grand jury.

In any event, if you have received a grand jury target letter, it is absolutely imperative that you seek legal help as soon as possible! You have a target on your back and need an attorney!

Grand Jury Subpoenas -- "Come On Down...!"

Here's a scary hypothetical for you to consider: Let's assume you are an executive who works for a home health care agency. For some time, you have suspected that your supervisor may be submitting some questionable billings to Medicare, but you have no proof. And then, one evening, you are visited at home by two F.B.I. agents who hand you a federal grand jury subpoena! What should you do?

In my opinion, you should call an experienced federal criminal defense attorney. And preferably, you will call a white collar crime defense lawyer who has extensive federal grand jury experience. In another blog article, we will discuss how the feds use the grand jury as a tool to investigate criminal cases. But the important point here is that, if you have been served with a federal grand jury subpoena, you should treat it as a very serious matter and get experienced legal help as soon as possible! One thing an experienced lawyer will do is to contact, on your behalf, the federal prosecutor, and/or the F.B.I. agents, in order to clarify your status as a grand jury witness, subject, or target. If your attorney learns that you are a target of the federal grand jury investigation, then he or she may attempt to obtain some concessions from the government in exchange for your cooperation. Many other possible scenarios may exist, but it is important, at this juncture, for your lawyer to learn as much as possible about your status BEFORE you go before the grand jury to testify. Hopefully, your lawyer will learn that you are not a target and that you are viewed by the government only as a witness. Even so, perhaps your lawyer can still confirm your status in writing.

So, the bottom line is: Federal grand jury subpoenas are serious matters which require the attention of an experienced federal criminal defense attorney. Call your lawyer promptly before you "come on down" as the "next contestant!"