FAQ

A: Understanding Your Status in a Federal Investigation 

When you learn that you may be connected to a federal investigation, one of the first and most important questions is: What is my status? Your status shapes your risk, your rights, and your strategy. It influences whether you should speak with agents, produce documents, assert privileges, or negotiate through counsel. Misjudging this can increase exposure, jeopardize defenses, or foreclose opportunities to resolve matters efficiently. 

Target 

A target is a person whom prosecutors believe has committed a crime and against whom they are actively building a case. Targets face the highest legal risk and should assume that any statement or production could be used to support charges. Targets often receive a “target letter,” but not always. Strategic engagement through counsel—asserting rights, evaluating potential charges, and exploring resolution—is critical. 

Witness 

A witness is believed not to have done anything wrong and typically has little exposure but possesses relevant information or documents. Witnesses may receive subpoenas for testimony or records. Even witnesses can face risks, such as inadvertent false statements or privilege waivers. Coordinated preparation and document review with counsel helps ensure accuracy, preserve privileges, and prevent scope creep. 

Subject 

A subject is not the main focus of the investigation but may be involved in a crime or conspiracy. A subject’s conduct falls within the investigation’s “scope,” and their status can shift toward target or toward witness depending on the facts. Subjects must proceed cautiously: producing materials or giving interviews without counsel can unintentionally elevate risk.