Environmental Law

Target or Subject?

By Walter James

When there is an investigation into an environmental crime, typically, witnesses are called before the grand jury.  On occasion, I have been asked the question by appearing witnesses: ?Am I a target??  Being a ?target? or a ?subject? has different meanings than what a lay person may ascribe to the terms. 

Before I allow a witness to testify before a grand jury, I contact the AUSA handling the matter and ask whether the person is a target or subject and then ask for such a letter, if appropriate. 

As defined by the United States Attorney?s Manual: ?A ?target? is a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant.  . . .  A ?subject? of an investigation is a person whose conduct is within the scope of the grand jury's investigation.? US Attorney?s Manual, Section 9-11.151 - Advice of ?Rights? of Grand Jury Witnesses.  The United States Attorney?s Manual provides a sample target letter.  sample target letter

More later.

As always, feel free to contact me by e-mail with any questions at walter.james@jamespllc.com.

WDJiii

Full post as published by Environmental Crimes Blog on October 30, 2008 (boomark / email).