When federal or state investigators begin looking into potential business fraud, they often don’t announce their intentions clearly. You may receive a subpoena, a phone call, or a visit from agents—but no one tells you whether you’re a target, subject, or witness. Understanding what these terms mean could be the key to protecting your future.
At Simmons & Wagner, our team of business fraud attorneys in Orange County—and former Orange County District Attorneys—has seen how early intervention can change the course of an investigation. If your name has come up in any capacity, you need to know where you stand and when to call a lawyer (hint: it’s now).
What Do “Target,” “Subject,” and “Witness” Really Mean?
These are legal classifications federal prosecutors use to define your role in an investigation. Each label comes with different levels of risk—and different strategies for response.
Target
A target is someone the government believes has committed a crime and is likely to be indicted.
If you are labeled a target:
- Prosecutors have substantial evidence against you
- You could be arrested or formally charged soon
- You are the focus of the investigation
You need a defense attorney immediately. At this stage, our team moves quickly to review the case, protect your rights, and explore options to reduce or dismiss charges before an indictment is filed.
Subject
A subject is someone whose actions fall within the scope of the investigation, but prosecutors haven’t decided whether you broke the law.
If you are a subject:
- You may have had involvement in the alleged conduct
- Prosecutors are still gathering facts
- You could become a target depending on what they uncover
This is a critical moment. With the right legal representation, you may be able to remain a subject—or even shift into witness status—instead of becoming a target.
Witness
A witness is someone who may have information about the case but is not under suspicion.
Even if you’re “just a witness”:
- Your words can still be used against you or others
- You may be drawn deeper into the investigation
- You should never speak to investigators without legal guidance
Witnesses often feel safe—but we’ve seen many transition into subjects or targets without warning.
Why It Matters to Know Your Status
Knowing where you stand helps determine:
- Whether you should invoke your Fifth Amendment rights
- If and how you should respond to subpoenas
- How to approach interviews with federal or state investigators
- The urgency with which you need legal defense
But here’s the truth: investigators don’t always tell you your status—and they can change it without notice.
That’s why you should never wait for a label to start defending yourself. Our attorneys can often uncover your likely status by communicating with prosecutors and reviewing early-stage documentation.
When to Call a Lawyer? Immediately.
Whether you’ve received a call, subpoena, or visit from agents, the safest course of action is to contact an attorney before you say a single word.
At Simmons & Wagner, our background as former Orange County District Attorneys means we know how these investigations unfold. We can:
- Clarify your status
- Manage communications with investigators
- Protect you from self-incrimination
- Negotiate your role in the case
- Fight to prevent escalation into formal charges
If your name has come up, your future is on the line.
Get Ahead of the Investigation with Simmons & Wagner
Business fraud investigations are complex, intimidating, and often unfair to those caught in the middle. But with the right legal strategy, you can stay ahead of the government’s moves—and protect everything you’ve built.
If you’ve been contacted by investigators or believe you may be under scrutiny, don’t wait for the next knock at the door. Contact Simmons & Wagner, business fraud attorneys in Orange County and former District Attorneys, today for a confidential consultation.