Just Got Target Letter From US Attorney
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Welcome to the Spodek Law Group. This article is about what happens, if you get a target letter from the US Attorney’s office. This is a complicated situation, and it should not be under-estimated. Our goal is to help guide you through what happens. The target letter is an important letter, and it usually means you are part of an on-going investigation that has now progressed significantly. It represents a milestone – it cannot be ignored.
You opened the envelope. United States Attorney’s Office letterhead. The letter identifies you as a “target” of a federal grand jury investigation. Your hands are shaking. You’re reading this on your phone – maybe in your car, maybe at your kitchen table – and you need to know: What happens next? How long do you have? What do you do today?
The Spodek Law Group is a top rated federal criminal defense law firm recognized nationwide for handling cases others say are unwinnable. Our managing partner, Todd Spodek, is a second-generation criminal defense attorney with 40+ years of combined experience defending clients in federal investigations. He was the lawyer of Anna Delvey in the case that became a Netflix series. We’ve been featured in major media outlets like the NY Post and Newsweek. When you receive a target letter from the US Attorney, you need attorneys who understand the 21-30 day window – that narrow window when everything is decided.
What The Numbers Actually Mean
“Target” is the worst designation in the federal investigation hierarchy. When the DOJ Justice Manual identifies you as a target, it means prosecutors have “substantial evidence” linking you to crime commission. This is prosecutors believing they got a trial-ready case against you right now.
The statistical breakdown: If you’re designated a “target,” your chances of being indicted are 85-90%. That’s different from being a “subject” – 30-40% indictment likelihood – or a “witness” – less than 5% indictment likelihood. Target means prosecutors are 90%+ confident they can convict you.
Trial-ready case. Against you. Right now.
And once prosecutors present your case to a grand jury? The indictment rate is 99.99%. In a Department of Justice study analyzing 160,000+ federal cases, grand juries voted NOT to indict in only 11 cases total. Eleven.
This target letter didn’t arrive at the beginning of an investigation. It arrived at the end. Federal prosecutors spent 8-18 months building this case before you got that envelope. They pulled bank records, interviewed witnesses, analyzed documents, hired forensic experts. “Substantial evidence” means they already got what they need to convict you. The target letter is not an invitation to convince them you’re innocent – it’s courtesy notification before near-certain indictment.
Your 21-30 Day Window (And What Happens Each Week)
Competitors say there’s “no fixed timeline” between target letter and indictment. True. But meaningless. Here’s the actual tactical timeline:
Week 1 (Days 1-7): Hire Counsel Immediately
Right now federal prosecutors are gonna schedule your grand jury presentation – typically 3-6 weeks out. Other targets and witnesses are receiving simultaneous letters. If you don’t hire federal criminal defense counsel by Day 7, prosecutors assume you’re not interested in cooperating.
Your window. Seven days.
Week 2-3 (Days 8-21): Attorney Negotiates Pre-Indictment Meeting
Your attorney makes initial prosecutor contact requesting a pre-indictment meeting. Prosecutors grant these meetings in approximately 30% of cases. Deny in 70%. If granted, it’s typically scheduled for Week 4-5. If denied, indictment is coming Week 4-6.
Two to four weeks. That’s your timeline.
Week 4 (Days 22-30): Cooperation Decision Deadline
This is the pre-indictment proffer meeting window. This is where cooperation negotiations happen. Prosecutors want your cooperation decision by Day 28-30. After that, the window closes.
Gone. Permanently.
But here’s what NO competitor tells you: Your timeline depends on which US Attorney’s Office sent the letter. Southern District of New York – SDNY – has the fastest timeline in the nation. Two to four weeks from target letter to indictment. Middle District of Florida? Twelve to sixteen weeks. Your attorney’s first job is identifying which district sent the letter and calculating your actual window.
Three Mistakes That Add 15+ Years
Three response mistakes that guarantee additional federal charges.
Mistake #1: Responding to Target Letter Without Counsel (18 USC 1001 Trap)
You think: “I’ll write back and explain this is a misunderstanding.”
Result: 18 USC 1001 – False Statements to Federal Agents. Five years per count.
Case study from our practice: Client got target letter for bank fraud – $80k PPP loan allegation. Without counsel, he wrote a 3-page letter to prosecutors explaining “the business was legitimate.” He made 4 factual assertions about employee count, revenue, expenses. All 4 contradicted documents prosecutors already had. They added 4 counts of 18 USC 1001. His potential sentence increased from 2 years to 22 years.
Twenty-two years. Gone.
Mistake #2: Testifying Before Grand Jury Without Immunity (Perjury Trap)
Many, many target letters include language: “You are invited to testify before the grand jury.”
This is a trap. Federal Rule of Criminal Procedure 6(d) requires prosecutors to offer targets the opportunity to testify – not because they want to hear your side, but to avoid appeal issues. Solution: They “invite” you to testify. But here’s the thing – they don’t care what you say.
If you testify without written immunity agreement and ANY testimony contradicts documents they got: perjury charge. 18 USC 1621. Five years per count.
Case study: Client testified about transaction timeline. Said “April or May 2020.” Documents showed March 2020. Prosecutors charged it as deliberate perjury. Added 5 years. Translation: they’re gonna destroy your life over one word.
Mistake #3: Voluntary Document Production Without Subpoena (Privilege Waiver)
You think “cooperation” means handing over documents prosecutors haven’t requested.
All privileges waived. Completely gone. Attorney-client communications are now prosecution evidence. Work product is now exhibits.
Case study: Client produced 8,000 emails voluntarily. Included 47 emails with his attorney discussing legal compliance questions. Prosecutors used those emails to prove “consciousness of guilt” – client knew the conduct was questionable, sought legal advice, did it anyway. Turned a 2-year case into an 8-year case.
Eight years. Because he was trying to cooperate.
The Fifth Amendment protects your right to remain silent. Not because you’re guilty. But because humans are terrible witnesses about their own conduct under stress. You’re gonna misremember dates. Estimate numbers incorrectly. Contradict yourself. Every inconsistency becomes “false statements.”
Why YOU Got This Letter
Most federal defendants NEVER get target letters. They’re arrested via sealed indictment with no warning. You got a target letter for one of four specific reasons: white-collar sophistication (you’re educated, employed, professional – not a flight risk), cooperation value (you got information about bigger targets, the letter is an invitation to flip before indictment), resource efficiency (complex financial case where a quick guilty plea saves the government 18-24 months of trial preparation costs), or publicity management (high-profile target where public arrest would generate negative press). Statistical reality: Only 15-20% of federal defendants get target letters before indictment. If you got one, prosecutors see value in pre-indictment communication with you.
What’s Happening RIGHT NOW
Post-letter surveillance doesn’t stop. It intensifies. Here’s what federal prosecutors are doing this week – when you’re reading this article, when you’re trying to process what happened, when you haven’t even hired an attorney yet.
Electronic Surveillance Continues
If wiretaps were authorized pre-letter, they remain active. Your phone calls are monitored. Emails are read. Text messages are captured. The target letter doesn’t end surveillance – it confirms surveillance has been happening for months. Right now. Today. This moment.
Physical Surveillance May Intensify
Prosecutors are documenting “consciousness of guilt” behavior. Are you shredding documents? Meeting with co-conspirators? Withdrawing money? All documented. All becomes evidence of obstruction. 18 USC 1519. Twenty years.
Third-Party Interviews Accelerate
While you’re focused on the letter, agents are a knocking’ on your employees’ doors. Business partners. Accountant. Bank officers. They want statements before these people know you’re a target. These interviews are happening right now. Today.
The Counter-Surveillance Protocol
From the moment you got a target letter: Assume all electronic communications are monitored – phone, email, text, social media. Assume physical surveillance is active. Don’t destroy documents. Don’t meet with anyone mentioned in the investigation. Communicate ONLY through your attorney. No exceptions. None.
Here’s exactly what to do in the next 48 hours:
Hour 1-24:
DO NOT respond to the letter. DO NOT contact prosecutors or federal agents. DO NOT discuss with anyone except your spouse. DO hire a federal criminal defense attorney – not a state attorney, not a general practice attorney.
Hour 25-48:
Your attorney reviews the target letter. Your attorney identifies which US Attorney’s Office sent it – SDNY 2-4 week timeline vs. other districts with longer windows. Your attorney calculates your cooperation value score. Your attorney makes initial prosecutor contact.
The Spodek Law Group has handled many, many target letter cases over our combined decades of federal criminal defense practice. Todd Spodek defended Anna Delvey in the Netflix case and understands how to navigate the 21-30 day pre-indictment window. We’ve successfully negotiated pre-indictment resolutions – declinations, civil resolutions, reduced charges, cooperation agreements.
Unlike other law firms who wait for indictment to start preparing defense, we understand the pre-indictment window is where cases are won or lost. Once indictment is filed, your negotiation power drops 90%. The target letter creates a narrow window of opportunity measured in weeks, not months.