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What does “target of an investigation” mean (vs. subject or witness)?
What does “Target of an Investigation” mean?
The differences between a Target, a Subject and a Witness
Target:
When the government calls you a “target,” it means prosecutors believe you committed a crime. They might be gathering the final pieces of evidence necessary to seek an indictment.
Subject:
You might be a “subject” if investigators think you may have done something illegal, or if you possess critical information that can lead them to the principal offender. A subject is right in the middle of the legal crosshairs. You could shift into target status quickly—especially if new evidence emerges.
Witness:
A “witness” is someone who allegedly has information about a crime or criminal activity but, so far, is not suspected of wrongdoing. Being a witness can still be risky: any contradictory statements or additional discovery by the prosecutor could change your status down the line.
Why this Designation Matters
Because federal prosecutors follow the Criminal Resource Manual (160. Target, Subject, Witness), they classify each individual based on the degree of culpability or involvement. These labels affect:
- How aggressively law enforcement will investigate you
- Your constitutional protections in interviews or grand jury proceedings
- Possible indictments, searches, or seizures
If you’re labeled a target—or even just a subject—it’s wise to assume the government is prepared to impose severe penalties if you’re found guilty of a crime.
Common Federal Crimes and Punishments
Getting targeted in a federal investigation often involves serious accusations. Some typical examples include:
- Wire fraud
- Money laundering
- Drug trafficking
- White collar crimes like insider trading or securities fraud
- Tax evasion
Penalties for federal crimes can be severe:
- Multi-year prison sentences (sometimes 10+ years or even life, depending on the offense)
- Massive fines that can reach hundreds of thousands—or even millions—of dollars
- Long-term supervised release or probation
- Asset forfeiture
- Restitution orders that can follow you for life
If the situation escalates to formal charges, you risk a permanent federal criminal record. That kind of conviction can derail your ability to find employment, keep professional licenses, or maintain immigration status.
Strategies to defend a Target
We are NYC Criminal Attorneys with over 50 years of combined experience. Our legal approach is thorough, relentless, and customized. If you’re labeled a target, here’s how we help:
-
Early Intervention
We contact prosecutors right away, clarifying your side of the story. Often, proactive communication can prevent formal charges or result in a more favorable plea deal. -
Evidence Analysis
We conduct our own investigation. We hire expert witnesses, forensic analysts, and seasoned investigators to review records, challenge questionable search warrants, and poke holes in the government’s narrative. -
Constitutional Safeguards
If investigators violated your Fourth Amendment rights (unlawful search and seizure) or coerced a confession, we push for the evidence to be suppressed or the entire case dismissed. -
Negotiation & Plea Bargains
We never rush to a plea, but when it’s strategically wise, we negotiate an outcome that reduces potential prison time, eliminates certain charges, or avoids a damaging felony conviction. -
Unafraid of Trial
If the government refuses to be fair, we go to trial. Our team—led by our Managing Partner Todd Spodek—prepares meticulously for every stage of litigation, putting pressure on the prosecution to prove their case beyond a reasonable doubt.
What Should you do if you’re tagged as a “Target”?
Stay Calm. Investigations can drag on for months, even years. Hasty decisions—like talking to investigators without counsel—can be ruinous.
Contact a Criminal Defense Attorney Immediately. If you’re labeled a target, you need top-tier legal help. Don’t wait for the official indictment.
Preserve All Evidence. Keep emails, text messages, and records organized. Deleting or destroying evidence can escalate the investigation or lead to obstruction-of-justice charges.
Avoid Discussing the Investigation with Others. Anything you say can be twisted and subpoenaed. We recommend speaking only with your attorneys.
WE CAN HELP YOU
At Spodek Law Group, we know what’s on the line. A federal investigation can disrupt your career, finances, and freedom. Regardless of the severity of your case, our NYC Criminal Attorneys are ready to fight back.
We have offices nationwide. We handle federal cases coast to coast. We don’t just settle; we protect your future.
GET A RISK-FREE CONSULTATION
We are available 24/7, to provide a risk-free consultation. If you suspect you’re a target—or the DOJ has already confirmed it—call us today. Early legal intervention can mean the difference between dismissal and years behind bars.
Frequently Asked Questions about being a Target
Is there a difference between being a ‘target’ and being ‘under investigation’?
Yes. “Under investigation” can be general, but being labeled a “target” indicates the prosecutor has strong evidence that you committed a crime and is likely to seek charges against you.
Can my status change from witness or subject to target?
Absolutely. If the government uncovers new evidence implicating you more directly, you can become a target.
What if I believe I’m wrongly accused?
You’re not alone. Many clients come to us having done nothing wrong. Our job is to show the government’s case lacks evidence or that you lacked criminal intent. Our attorneys handle everything from white collar crimes to federal drug offenses.
Where can I read more official definitions?
Visit the official Department of Justice guidelines for exact language on target, subject, and witness status.
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