Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Why Would I Get a Letter from the Office of the Attorney General?

Author: Angela A. Turiano

Date: May 2, 2024

Key Contacts

Back
Why Would I Get a Letter from the Office of the Attorney General?

If you are asking the question, “Why would I get a letter from the Office of the Attorney General,” it is imperative to take immediate action.

A letter from the Office of the Attorney General is often the first indication that you or your business may be the target of a federal investigation. Given the potential severity of the consequences, your first course of action should be to consult an attorney experienced in government investigations who can advise you on how to respond and reduce the risk of criminal charges.

Reasons Why You Would Get a Letter from the Attorney General

The Department of Justice (DOJ) is tasked with enforcing federal law and includes both a civil and criminal division. The federal prosecutors in the United States Attorney’s Office send letters to individuals or entities that they have identified as either witnesses or targets of a criminal or civil investigation.

In civil cases, the DOJ often issues “civil investigative demands,” or CIDs, to gather information in connection with an investigation. In criminal matters, DOJ letters are generally accompanied by a grand jury subpoena, which orders the recipient to produce documents and/or testify before a grand jury. In either case, the DOJ believes the recipient has information that is relevant to an investigation or the recipient is the target of the investigation. 

What Is a Target Letter?

A “target” letter is one type of communication that you may receive from the U.S. Attorney’s Office. These letters inform the recipient that they are under investigation by a grand jury. Federal prosecutors are not required to issue target letters, but it is the general policy of the Department of Justice to do so. Cases, where notification may not be provided, include routine clear cases or cases where such action might jeopardize the investigation because of the likelihood of flight, the risk of destruction of evidence, or similar concerns.

Target letters are often issued to the subjects of a white-collar investigation. White-collar crimes encompass a wide range of fraudulent practices, including securities fraud, embezzlement, corporate fraud, healthcare fraud, mortgage fraud, and tax evasion.

In a target letter, the United States Attorney’s office informs the recipient that he or she is the target of a federal investigation and will be called to testify in front of a grand jury. The letter broadly states the nature of the illegal activity being investigated and advises the target of his or her rights, including the Fifth Amendment protection against self-incrimination. The letter also warns the recipient that the destruction or alteration of any document required to be produced before the grand jury is a violation of federal law.

What to Do After Receiving a Letter from the Attorney General’s Office

No matter the context, ignoring a letter from the DOJ could result in serious legal consequences. However, before taking any action in response to any communications from the DOJ, you should consult with an attorney.

A CID, grand jury subpoena, or target letter will generally outline what steps the U.S. Attorney’s Office wants the recipient to take. For instance, the CID or subpoena may require the production of certain documents and information. While it is true that the U.S. Attorney’s Office has broad power to demand documentation from individuals and entities during a federal investigation, this power is not without limitations. Rather, federal law limits the types of requests that the U.S. Attorney’s Office can make and the scope of the documentation that it is legally allowed to demand.

Letters from the DOJ may also invite the recipient to meet with the Assistant U.S. Attorneys and investigators assigned to their case or compel testimony before a grand jury. If it is unclear if you are a target or a witness, which is often the case, your attorney may be able to obtain more information about your role in the federal investigation and devise a strategy to avoid being indicted or resolve the case entirely.

In any mentioned scenario, it is vital to obtain the best defense counsel before taking the next steps.

Consulting With an Experienced White-Collar Defense Attorney Is Critical

Whether you receive a CID, grand jury subpoena, or federal target letter, it is imperative to contact an experienced white-collar defense attorney to assist and defend you.  You should always seek legal counsel before meeting with law enforcement agents. We have seen many cases where the defendant harmed his or her case by saying or doing something in the early stages of an investigation. To provide the most effective defense, investigation targets should understand their rights and have a strategy in place from the outset.

At Scarinci Hollenbeck, our Government Investigations and White-Collar Defense Group have successfully defended businesses, individuals, and corporate executives facing criminal allegations by various agencies, including the U.S. Attorneys’ Offices. We encourage you to contact us to schedule a free, confidential consultation. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract post image

Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]

Author: Graham Staton

Link to post with title - "Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!