Q: I received a federal grand jury “target letter.” When and why would a person or corporation get a target letter and if so, does it usually mean there will likely be an indictment to follow?

A: Federal grand juries are set up to investigate potential federal criminal law violations. In doing so, the grand juries can subpoena witnesses to come in front of the grand to answer questions, or testify, and/or produce evidence, like documents.

When someone has been subpoenaed before a federal grand jury and is considered a “target” of the investigation, there is likely reason to believe, at least according to the prosecutor, that there is evidence that that person has committed a federal crime or has been involved in criminal activity. An indictment is likely to follow. Before issuing a subpoena for witness testimony and/or documentation to a target of the grand jury, the prosecutor must first try to get the witness to appear before the grand jury voluntarily. If the target does not appear voluntarily, the prosecutor must seek approval from the grand jury and the U. S. Attorney or the appropriate Assistant Attorney General to have a subpoenaed issued for the target.

Factors that the prosecutors will consider in determining whether to subpoena a target include: the importance of the expected testimony or information sought, whether any other witnesses or sources can provide the same or similar information to the prosecutor and whether any of the information the prosecutors hope to obtain is protected by any privileges.

If the target of the grand jury investigation is subpoenaed, he/she is advised of his/her rights.

Grand jury investigation targets are also informed that their conduct is being investigated for possible violation(s) of federal criminal law.

Q: Do I have to be informed that I’m being indicted or will be indicted at a federal grand jury hearing? Can I be indicted without my knowledge or lawyer being involved in the process?

A: There is no requirement that the grand jury, or anyone else, inform you that you are going to be indicted by the federal grand jury. In fact, grand jury proceedings are secret and what happens in a grand jury hearing is not disclosed.

If you are a "target" or subject of a federal grand jury investigation, the government might ask you questions about any involvement of yours in the crime(s) being investigated by the grand jury. If so, the federal prosecutor(s) must advise you in writing that you have the right to an attorney and to exercise your Fifth Amendment privilege not to incriminate yourself, or in other words, not to say anything that could implicate you for criminal activity.

If you think you are the target or subject of a federal grand jury investigation or you have been informed that you are, you should consider getting a lawyer to make contact with the federal prosecutors to learn more about the nature of the criminal investigation. A lawyer may be able to learn what the criminal investigation is about and why the prosecutor considers you a target or someone who was involved in the criminal activity. A lawyer may also learn whether or not you can expect to be indicted and begin the process of plea negotiations.

Obviously, being the target of a federal grand jury is very serious as it can often lead to a federal indictment. Consulting with a lawyer at the earliest possible time may be crucial to obtaining important information about the investigation and making crucial decisions regarding how to proceed.

Q: Is there parole for people who have been convicted of a federal crime? Is there credit for good behavior in federal prison after a federal crime conviction? If so, how does it work?

A: There is no parole for those convicted of federal crimes since the adoption of the United States Federal Sentencing Guidelines in 1987 on November 1, 1987. However, those people sentenced for federal crimes can get credit for good behavior or good time. The maximum allowable credit for good behavior, or time, is 54 days per year. This means that federal prisoners now serve at least 85 percent of their sentences.

Federal sentences are imposed in terms of months, not years. For sentences of 12 months or less, there is no credit for good time or behavior which means federal prisoners must serve an entire sentence of 12 months or less. For a sentence greater than 12 months, eligibility for the 54 days of credit for good time or behavior begins after the offender has served the first 12 months of his/her sentence. For longer sentences, the sentence may be reduced by another 54 days each consecutive year based on credit for good time or behavior.

Q: What does the federal crime called witness tampering entail?

A: It is a federal crime to harass, intimidate or make threats to a witness to keep them from testifying or providing information, to alter their testimony, or to prevent them from coming to the trial or other event related to an investigation or prosecution. Witness tampering does not just include the use of force to affect a case, it can also include the use of deception or bribery to influence a potential witness.

A conviction for the federal crime of witness tampering can result in penalties that range from probation or prison time of up to one year for less serious violations, to life imprisonment or the death penalty for killing a potential witness.

Q: If a person was convicted for a crime and sentenced to prison in another country, such as Mexico, can he/she serve that time in an American prison?

A: Yes. Starting in 1977, the IPTP or International Prisoner Transfer Program allowed prisoners to transfer to their home countries after being convicted in foreign countries. If the United States has a treaty authorizing a transfer in force with that another country, foreign citizens convicted of a crime in the United States or U.S. citizens or nationals convicted of a crime in another country may apply for a transfer to their home country.

The United States government, the government of the foreign country holding the prisoner or to where the U.S. prisoner wants to be transferred, and the prisoner must all consent to the transfer for it to take place. You do not have to be represented by an attorney to apply for the transfer. Family members of a prisoner may seek such a transfer by writing to the International Prisoner Transfer Unit.

Q: If the federal guidelines say that I will get a long prison sentence if I am convicted of a particular federal crime, is there a way to get a “departure” from that sentence so I can get a lighter sentence?

A: People convicted of federal crimes are sentenced according to federal sentencing guidelines (as of Nov. 1987). A specific "offense level" is assigned to each crime ranging between 1 and 43, with 1 being the lowest. Every person convicted of a federal crime is also assigned a criminal history category between 1 and 6, depending upon that person’s prior criminal history, with 1 being the least serious and 6 being the most serious. After a federal conviction, the probation department combines these two scores to determine the range within which the sentencing guidelines say the person should be sentenced. The range is set in terms of a number of months between 0 and 360 months, or life in prison. The probation department then prepares a report advising the court of its findings. The prosecution and defense are given a copy of the report and are allowed to object and request a departure from the specified sentencing range, or in other words, a request for the sentence to be lower than what was indicated in the range given in the report.

Q: The government seized my money because they thought it was drug money. What can I do to get it back?

A: Federal asset forfeiture and drug laws allow the government to take possession of money and other property, such as a vehicle, that was either used in connection with a drug crime or that represents the proceeds, or profits, of a drug transaction.

If the government has seized your money or assets and intends to keep, or forfeit, them, the government will send you a notice telling you that they intend to keep the money and/or assets they took from you. At that point, you have a limited time to file a claim for the money and/or assets that were taken from you to challenge the government’s right to keep them in court or to file a petition with the government asking them to return your money and/or assets and giving your reasons why they should return the money and/or assets to you. If you take the former approach, the court will decide who gets to keep the money and/or assets; if you take the latter approach, the agency that seized the money and/or assets will decide who gets to keep them.

A recent law governing asset forfeitures in the federal system forces the government agency to provide more proof to support the basis for the seizure and show that your property was either used in a drug transaction or that it constitutes the profits from a drug transaction. You may also have a lawyer appointed to you at no cost if you can not afford one to help you challenge the seizure of your property. The law also allows for, but does not require, the release of the seized property until the court decides who gets to keep the property if you can show a hardship and a need for the property in some cases and eliminates the requirement that you post a bond, or money, to reclaim possession of the property.