If you get a target letter, you need to get a lawyer as soon as possible.
In Complex or White Collar investigations, there are often three kinds of letters that get sent out by an investigating or prosecuting entity. In South Carolina, the prosecuting entities that generally use these kinds of letters are the United States Department of Justice, the United States Attorney’s Office, and the South Carolina Attorney Attorney General’s Office. The three types of letters are usually the target letter, the subject letter, and the witness letter.
A target letter lets a person or an entity know that they are the target of an investigation. That is, an investigating entity believes you have committed a crime and they are investigating you to prove that you have done it. These letters are often sent after a significant investigation is done. Often times, these letters are sent very shortly before someone is criminally charged. Hiring the right lawyer quickly is important, because even if you choose to remain silent and not cooperate with the investigation, a lawyer can help arrange when you turn yourself in if you are charged and may be able to negotiate a bond for you. Turning yourself in is often less disruptive than being arrested at your work, school, otherwise engaged in your daily activities.
A subject letter lets a person or entity know that they are the subject of an investigation. That is, investigators or prosecutors believe you may or may not have committed a crime and they are investigating your involvement in criminal activity. You need to hire a lawyer to help you respond to these letters. A lawyer can help you decide whether to cooperate, whether to present evidence to the government or talk to the government, and help you prepare for any potential criminal charges.
A witness letter lets a person or entity know they are likely a witness in an investigation. Generally, this means that the government is not currently considering you a subject or target of an investigation or prosecution, but that does not mean you are necessarily free from potential criminal liability. Any incriminating statements you give could be used to prosecute you. Additionally, your status may change as the government gains more information as it conducts its investigation.
No matter what kind of letter you get, you should hire any attorney who can properly advise you about your case. Your lawyer may advise you to remain silent, or maybe to enter into a proffer agreement, or maybe offer some other advice. The important thing is that you hire a lawyer who knows what to do when you receive a target letter, subject letter, or witness letter.
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