I expect that right after the US Thanksgiving Day holiday this week, the US Attorney in Los Angeles will be sending out what are called "target letters" to several parties in the US Postal investigation advising them that they are formal targets of the Grand Jury's investigation.
I expect that those letters will go out to Armstrong, Thom Weisel, Johan Bryunel (sp?) and possibly others, most likely Jim Ochowitz, an associate and former employee of Weisel's. If you receive such a letter, it is most likely that you will be indicted. The typical form of target letter used by federal prosecutors in the US reads as follows,
This letter is supplied to a witness scheduled to appear before the federal Grand Jury in order to provide helpful background information about the Grand Jury. The Grand Jury consists of from sixteen to twenty-three persons from the District of ___. It is their responsibility to inquire into federal crimes which may have been committed in this District. As a Grand Jury witness you will be asked to testify and answer questions, and to produce records and documents. Only the members of the Grand Jury, attorneys for the United States and a stenographer are permitted in the Grand Jury room while you testify. We advise you that the Grand Jury is conducting an investigation of possible violations of federal criminal laws involving, but not necessarily limited to *. You are advised that the destruction or alteration of any document required to be produced before the grand jury constitutes serious violation of federal law, including but not limited to Obstruction of Justice. You are advised that you are a target of the Grand Jury’s investigation. You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. Anything that you do or say may be used against you in a subsequent legal proceeding. If you have retained counsel, who represents you personally, the Grand Jury will permit you a reasonable opportunity to step outside the Grand Jury room and confer with counsel if you desire.
Cordially,
At that point, if you are called before the GJ, you must either answer questions or assert your 5th Amendment privilege against self-incrimination and refuse to answer any questions other than those that identify who you are. If you answer even one substantive question, you are deemed to have waived the privilege.
I expect that those letters will go out to Armstrong, Thom Weisel, Johan Bryunel (sp?) and possibly others, most likely Jim Ochowitz, an associate and former employee of Weisel's. If you receive such a letter, it is most likely that you will be indicted. The typical form of target letter used by federal prosecutors in the US reads as follows,
This letter is supplied to a witness scheduled to appear before the federal Grand Jury in order to provide helpful background information about the Grand Jury. The Grand Jury consists of from sixteen to twenty-three persons from the District of ___. It is their responsibility to inquire into federal crimes which may have been committed in this District. As a Grand Jury witness you will be asked to testify and answer questions, and to produce records and documents. Only the members of the Grand Jury, attorneys for the United States and a stenographer are permitted in the Grand Jury room while you testify. We advise you that the Grand Jury is conducting an investigation of possible violations of federal criminal laws involving, but not necessarily limited to *. You are advised that the destruction or alteration of any document required to be produced before the grand jury constitutes serious violation of federal law, including but not limited to Obstruction of Justice. You are advised that you are a target of the Grand Jury’s investigation. You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. Anything that you do or say may be used against you in a subsequent legal proceeding. If you have retained counsel, who represents you personally, the Grand Jury will permit you a reasonable opportunity to step outside the Grand Jury room and confer with counsel if you desire.
Cordially,
At that point, if you are called before the GJ, you must either answer questions or assert your 5th Amendment privilege against self-incrimination and refuse to answer any questions other than those that identify who you are. If you answer even one substantive question, you are deemed to have waived the privilege.
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