Key Takeaways
- A target letter is notice from the prosecutor that the grand jury's investigation has focused on the recipient as a person likely to be indicted.
- The letter typically offers the recipient an opportunity to testify before the grand jury.
- Statements made to the grand jury are under oath and carry exposure under 18 U.S.C. § 1621 for willfully false testimony.
What a target letter is
A federal target letter is the prosecutor's written notice that the recipient is a target of a grand jury investigation — a person the prosecutor believes may be indicted. It is not a charge. It usually invites the recipient to testify before the grand jury and warns that anything said may be used in a later prosecution.
Where the grand jury fits
Under Fed. R. Crim. P. 7(a), an offense other than criminal contempt that is punishable by imprisonment for more than one year must be prosecuted by indictment. The grand jury is the body that hears the prosecutor's evidence and decides whether to return that indictment.
Testifying under oath
Grand jury testimony is under oath. 18 U.S.C. § 1621 makes it perjury to willfully state or subscribe a material matter the witness does not believe to be true, whether in testimony or in a declaration under penalty of perjury. A witness who testifies in an effort to explain the facts must therefore be accurate, or decline to answer on valid privilege grounds.
Practical posture
A recipient should preserve documents, avoid discussing the case with potential witnesses or investigators, and obtain counsel before deciding whether to testify. The decision whether to testify is a strategic one: testimony can persuade the prosecutor not to charge, but it is also sworn evidence.
Published by the Corydon Law Research Desk — Corydon Law Research Desk, publisher — former federal prosecutor. This page is reference information about federal law and procedure, not legal advice.
Primary sources
- Fed. R. Crim. P. 7(a) — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “An offense (other than criminal contempt) must be prosecuted by an indictment if it is punishable:”
- 18 U.S.C. § 1621 — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both.”
Sources listed above were accessed and verified on August 20, 2026. Statutes and rules are quoted from the linked primary pages as published on that date. Information on this site is general in nature and is not legal advice.