What Is the Difference Between Target and Subject

Last Updated on: 13th December 2025, 01:34 pm

What Is the Difference Between Target and Subject

The difference between target and subject is real. The protection from either category is zero. Federal prosecutors classify you into one of three boxes – target, subject, or witness – and those classifications guide everything about how they handle your case. But here’s what matters: they’re not required to tell you which box you’re in. They can change your classification without notice. They can call you a witness while building a target case against you. The categories exist to organize their investigation, not to protect you. And by the time you learn your actual status, the investigation that determined it may already be complete.

The Department of Justice uses these classifications for their own internal purposes. A target is someone prosecutors believe committed a crime and intend to indict. A subject is someone whose conduct is under investigation, but prosecutors haven’t decided whether to charge. A witness is someone who has information about other people’s conduct. These distinctions matter enormously for how prosecutors approach your case – but they offer you nothing in terms of legal protection. Your classification can change at any moment, and nobody has to tell you when it happens.

Understanding the difference between target and subject matters because the classifications influence prosecutorial strategy in ways that affect your outcome. Targets get treated differently than subjects. Subjects get treated differently than witnesses. But the key insight is this: the labels organize the government’s work, not your defense. You need to know what the classifications mean while understanding that knowing your classification may not be possible – and that the classification itself can change while you’re still trying to figure out what it is.

The Three Categories That Dont Protect You

Heres the uncomfortable truth about federal investigation classifications. The categories exist because prosecutors need to organize there cases internally. Targets require different resources then subjects. Subjects require different approaches then witnesses. The classifications help prosecutors manage complex investigations involving multiple people. They were never designed to protect anyone – and they dont.

A target, according to DOJ policy, is someone against whom prosecutors have substantial evidence linking them to a crime and who they consider a putative defendant. Thats legal language for “we think you did it and were going to try to prove it.” When prosecutors classify you as a target, they believe they have enough evidence to charge you and they intend to do exactly that. The investigation at that point isn’t determining whether you committed a crime – its gathering additional evidence to strengthen the case they already plan to bring.

A subject is someone whos conduct is within the scope of the grand jurys investigation. This classification is supposed to mean your somewhere between target and witness – prosecutors think something might be wrong but havent decided to charge. In practice, subjects become targets constantly. The investigation that classified you as a subject is designed to determine whether to elevate you to target status. Every piece of evidence gathered, every witness interviewed, every document examined is building toward that decision.

Think about what this means for your situation. The classification determines how prosecutors view you internally. But prosecutors arent required to share that view with you. They can call you a witness while treating you like a target. They can classify you as a subject while building a target case. The categories organize there work without constraining there options – and without informing you about were you actually stand.

What Target Status Actually Means

When prosecutors classify someone as a target, it means they believe they have substantial evidence linking that person to criminal conduct. In there minds, your not under investigation anymore – your under prosecution that hasnt been formally filed yet. The grand jury process at that point isn’t determining if you did something wrong. Its documenting the case prosecutors already believe they can prove.

Heres what target status signals about your exposure. Prosecutors think you committed a crime. They think they can prove it. They think the evidence is strong enough to bring charges. Every action they take from this point forward is designed to strengthen that case or eliminate weaknesses. Your testimony before the grand jury, if they call you, isnt about finding truth. Its about locking you into statements that can be used against you or catching you in inconsistencies that create additional charges.

Target status also means prosecutors are evaluating there options. Do they charge you with everything they can prove? Do they offer a plea to get your cooperation against bigger targets? Do they wait to gather more evidence before indicting? These decisions happen without your input and often without your knowledge. You might be classified as a target for months before anyone tells you – and you might never be told at all before the indictment drops.

The Department of Justice has a policy of advising targets of there status. Notice that word – policy. Not law. Not requirement. Policy. And even that policy has exceptions that swallow the rule. If prosecutors beleive notification would cause you to flee, destroy evidence, endanger witnesses, or otherwise interfere with the investigation, they can skip the notification entirely. Most people who get indicted never recieved a target letter. The notification that your a target often comes in the form of handcuffs.

What Subject Status Actually Means

Subject status sounds better then target. It means prosecutors havent decided to charge you yet. They see conduct that might be criminal, but there still investigating. You might be cleared. You might become a target. The investigation will determine which outcome applies. That uncertainty is supposed to provide comfort compared to target status. It shouldn’t.

Heres why subject status is often worse then it sounds. As a subject, your cooperation feels mandatory. You want to clear your name. You want to demonstrate you did nothing wrong. So you answer questions, produce documents, and try to be helpful. Meanwhile, every piece of cooperation feeds into the decision about whether to elevate you to target status. Your helping prosecutors determine whether to prosecute you – and your providing the evidence they’ll use if they decide to move forward.

The subject classification creates a trap that catches many people. You think your helping yourself by cooperating as a subject. But cooperation as a subject provides prosecutors with information they can use to justify target classification. The testimony you gave to clear your name becomes the evidence that proves you should be charged. Your cooperation didnt help you – it built the case against you while you thought you were defending yourself.

Subject status also means your in limbo with no deadline. Investigations can drag on for years. You might be a subject for eighteen months, two years, longer. During that time, your life exists under a cloud. You dont know if charges are coming. You dont know if the investigation is winding down or ramping up. And prosecutors have no obligation to tell you. They can keep you classified as a subject indefinitely while they gather evidence, interview witnesses, and build what might eventually become a target case.

Why Witness Status Is Dangerous

The witness classification is supposed to mean your not suspected of criminal conduct. Prosecutors think you have information about someone elses case. Your there to help, not to defend yourself. That framing creates a false sense of security that destroys people who dont understand how federal investigations actualy work.

Heres the problem with witness status. Prosecutors arent required to tell you your a witness. They can approach you as a witness, interview you as a witness, gather information from you as a witness – and then change your classification to target based on what you said. The interview you thought was helping someone elses case becomes the foundation for your own prosecution. You cooperated as a witness and ended up charged as a defendant.

Witness status changes to target status for several reasons. You might provide information that implicates you in conduct you didn’t realize was criminal. You might make statements that contradict other evidence, suggesting you lied. You might reveal knowledge of transactions that prosecutors didn’t know about, expanding the scope of there investigation to include you. Every conversation you have as a witness creates opportunities for your status to change.

The false statement trap is particularly dangerous for witnesses. Under 18 USC 1001, lying to federal agents is a crime punishable by up to five years in prison. You dont have to be under oath. You dont have to sign anything. You just have to make a statement that prosecutors decide was materially false. Witnesses who make false statements become targets – not for the underlying conduct being investigated, but for the lies they told during the witness interview. Martha Stewart didn’t go to prison for insider trading. She went for lying during an interview about allegations she was never convicted of.

The Status Change You Wont See Coming

Federal investigation classifications are fluid. They can change at any moment based on new evidence, new testimony, or new prosecutorial judgments. And heres the critical part: nobody has to tell you when your status changes. You can walk into a grand jury room as a witness and walk out as a target. You can be classified as a subject for months, get elevated to target, and never receive notification until the indictment is unsealed.

The status change often happens during testimony. Your answering questions as a subject, trying to be helpful, and something you say creates a problem. Maybe it contradicts documents prosecutors have. Maybe it reveals conduct you didnt realize was criminal. Maybe it suggests you knew more about the scheme then you previously indicated. Prosecutors note the issue. Your file gets updated. Your now a target, and the testimony you just gave provides evidence for the prosecution.

Heres what makes this dynamic so dangerous. Subjects and witnesses have different legal considerations then targets. You might make choices as a subject that you would never make as a target – answering questions, providing documents, waiving rights that might protect you. Then your status changes, and those choices follow you into target status. The cooperation you provided as a subject becomes evidence used against you as a target. The decisions you made when you thought you might be cleared now support the prosecution of someone classified as a defendant.

Prosecutors have no obligation to inform you when your status changes. DOJ policy suggests they should warn targets before grand jury testimony, but that policy has exceptions and isnt legally enforcable. The practical reality is that status changes happen internally, get recorded in files you cant see, and only become apparent when prosecutors decide to reveal them – often through charges, not courtesy notifications.

The Notification You Probly Wont Recieve

Target letters are famous in white collar criminal law. These formal notifications tell recipients that there the target of a federal investigation. They advise you of your rights. They sometimes invite you to testify before the grand jury. Recieving one feels significant becuase it is – its the government telling you directly that they intend to prosecute.

Heres what most people dont understand about target letters. There is no federal law requiring prosecutors to send them. None. Zero. The target letter is a courtesy, not a requirement. DOJ policy encourages notification, but policy isnt law and exceptions exist. Prosecutors can skip the letter if they beleive notification would cause flight, evidence destruction, or witness intimidation. They can skip it simply becuase they dont want to give you time to prepare.

Most people who get indicted never recieved a target letter. Think about that. The notification that your supposed to recieve as a target often dosent arrive. Instead, the first indication your a target is the indictment itself – or the FBI agents showing up to arrest you. The target letter youve heard about, the one that gives you time to hire counsel and prepare a defense, is the exception rather then the rule.

Even if you recieve a target letter, it provides limited information. It tells you your a target. It might tell you generally what your being investigated for. It dosent tell you what evidence prosecutors have, what witnesses have said, or how strong the case is. The letter confirms your status without revealing anything useful about your exposure. Its notification without information – enough to terrify you, not enough to help you.

What Your Status Dosent Tell You

The classification you recieve – if you recieve one at all – tells you how prosecutors currently view your case. It dosent tell you how they will view it next month. It dosent tell you what evidence exists that you havent seen. It dosent tell you whether other witnesses have implicated you, whether documents contradict your statements, or whether the investigation scope is expanding to include conduct you didnt know was under scrutiny.

Target status means prosecutors think they have enough to charge. It dosent mean they have everything they need to convict. Investigations continue after target classification. Evidence gathering continues. The case prosecutors bring might be stronger then the case they had when they classified you as a target – becuase they kept investigating while you waited to learn your status.

Subject status means prosecutors havent decided. It dosent mean there leaning toward clearing you. Many subjects become targets. The investigation designed to resolve your subject status is the same investigation designed to build a target case. Your hoping for exoneration while prosecutors are evaluating wheather to charge you. Those are not the same processes, and the fact that your a subject dosent mean exoneration is likely.

Witness status means prosecutors dont currently suspect you. It dosent mean your safe. Every witness interview creates opportunities for status change. Every statement you make gets compared to other evidence. The witness who tries to be helpful might become the target who said too much. Your status protects nothing and can change with a single inconsistent statement.

What This Means For Your Defense Strategy

Understanding the difference between target and subject matters for defense strategy – but not becuase the classifications protect you. They matter becuase they indicate how prosecutors are thinking, which should influence how you respond.

If your a target, fighting the underlying investigation is probly not your primary goal. Prosecutors have decided to charge. Your focus shifts to damage control – negotiating the best possible outcome, preparing for trial if negotiation fails, protecting against additional charges. Target status means the question isnt wheather youll be charged. Its what youll be charged with and what happens after.

If your a subject, every decision creates risk. Cooperating might clear your name or might build the target case against you. Staying silent might protect you or might prevent you from presenting favorable information. There is no clearly right answer becuase subject status means prosecutors havent decided – and your actions influence that decision in ways you cant fully predict.

If your a witness, the danger is assuming your safe. Witness interviews turn into target investigations. Witness cooperation provides evidence for prosecution. The classification that sounds safest creates the most opportunities for self-inflicted damage becuase witnesses often talk freely, not realizing that everything they say is being evaluated for inconsistencies and potential criminal exposure.

The classifications matter for strategy. But the strategy that matters most is recognizing that the classifications offer no protection, can change without notice, and often dont get communicated at all. Your defense must account for the possibility that your status is worse then you think, that it changed since you last had information, and that prosecutors are using the classifications to organize there case against you while you try to figure out were you stand.

The Categories That Organize There Case, Not Your Defense

Federal investigation classifications serve prosecutors, not defendants. They help the government allocate resources, make charging decisions, and manage complex multi-defendant cases. Understanding what target and subject mean helps you evaluate your situation – but the classifications themselves provide no legal protection and can change at any moment without notification.

The difference between target and subject is real. Targets face imminent prosecution. Subjects face investigations that might lead to prosecution. But both classifications can change, neither requires notification, and both exist to help prosecutors, not to protect you. Your defense strategy must account for this reality: the box your in matters less then understanding that the box offers no protection and that your in whatever box prosecutors decide to put you in, wheather they tell you or not. The classification system serves the government, not you. Knowing that is the first step toward defending yourself in a system designed to operate without your knowledge or consent.