II. FEDERAL INVESTIGATIONS

A. Targets & Subjects

A person who is under investigation by a federal agency and the United States Attorney’s Office for an allegation of criminal activity is classified as in one of two categories. Pursuant to U.S. Department of Justice policy, when the allegation and early investigation reveals that evidence exists that could result in an Indictment, then such a person is considered a “target” of the investigation.

When the initial allegations and early investigation reveal that it is unclear, yet the evidence suggests that a person may become a target, then that person is considered a “subject” of the investigation. Otherwise, a person is merely a potential witness.

Often, until an investigation progresses, the prosecutor and agents cannot distinguish between these classifications, which results in targets, subjects and witnesses all obtaining criminal defense counsel to represent them during the investigation.

(II B.       Federal Investigations - Agencies)

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