Targets, Subjects, and Witnesses in Federal Investigations

Being involved in a federal investigation can be scary and confusing. The government may label you a target, subject, or witness, but what do these terms really mean? This article explains the differences and provides tips for navigating a federal probe.

What is a Target?

A target is someone the prosecutor believes committed a crime and intends to charge. According to the Justice Department, a target is a “putative defendant” against whom the government has substantial evidence linking them to a crime[1].

Some signs you may be a target:

• Receiving a “target letter” saying you’re under investigation
• Having your home or office searched via a warrant
• Being asked to testify before a grand jury

What is a Subject?

A subject is someone whose conduct falls within the scope of the investigation[3]. Prosecutors suspect you may have been involved but need more evidence before deciding whether to charge you[4].

Subjects are in a precarious position – you’re not yet a target, but you’re also more than just a witness. Like targets, subjects should invoke the Fifth Amendment if called to testify before a grand jury[5].

If you’re a subject, tread carefully. Consider hiring a lawyer to avoid self-incrimination. Your status could change to target as the investigation progresses.

What is a Witness?

Witnesses have information relevant to the case but are not suspected of wrongdoing[4]. For example, a witness may have documents or testimony that implicates others.

Being a witness is the best position, but that could change. If you misstep during questioning, you could implicate yourself unintentionally. Consult a lawyer before speaking to investigators to avoid this risk.

Tips for Navigating an Investigation

• Don’t rely on your designation. Your status as target, subject or witness can change at any time.
• Invoke your rights. Targets and subjects should assert their Fifth Amendment right against self-incrimination before testifying[5].
• Say nothing without a lawyer. Even if you’re “just a witness,” speak to a lawyer first to avoid accidentally incriminating yourself.
• Be proactive. Don’t wait to be contacted – hire a lawyer immediately to get ahead of the investigation.
• Ask questions. Have your lawyer find out what offenses are under investigation and who the targets are.
• Tread carefully. Even minor misstatements could lead to charges of obstruction of justice or lying to investigators.
• Seek experienced counsel. Retain a lawyer with specific experience in federal cases. The rules and stakes are higher than state cases.

References

https://www.thehardylawfirm.com/targets-and-subjects-tampa-florida/

https://www.burnhamgorokhov.com/targets-subjects-and-witnesses-in-federal-criminal-investigations/

https://www.grabellaw.com/targets-subjects-and-witnesses-in-federal-investigations.html

https://prisonprofessors.com/witness-subject-or-target/

https://www.pioneerlawoffice.com/are-you-a-target-subject-or-witness/

https://www.izlegal.com/faqs/target-subject-or-witness-in-federal-criminal-investigation.cfm