What Is A Proffer Agreement

For example, a co-founder of the fashion accessories company Dooney-Bourke was convicted of making false statements to foreign officials at FBI sales meetings about an employee`s bribes. In addition, statements made during an offer can generally be used to “punish” or contradict the contradictory testimony of an accused at a trial or hearing. Most proffers are made with informal understanding that if the government, if it is convinced that you are telling the truth at the Proffer meeting, will then conclude a formal and written immunity agreement or a plea with you. (But don`t expect this informal understanding to be reflected in the written agreement to proffer that you and your lawyer will sign. Indeed, in the vast majority of cases, the formal agreement written to proffer explicitly states that neither immunity nor pleading were made.) As a result, your lawyer and the prosecutor would have already developed informally before sitting down at the Proffer meeting, a fundamental understanding of: 1) what you are likely to offer; and 2) what the post-ad-ffer immunity or the proposed opposition agreement will look like. As you, your lawyer and the federal prosecutor, are not entirely clear about part of this informal agreement, you are heading for extremely dangerous ground. What for? Because proffering will almost always hurt you if, after immunity/advocacy, discussions fall and the government decides to charge you. For the same reason, if the prosecutor is not trustworthy or if you are not willing to tell the full truth, the proffer meeting should never take place. Makeshift agreements have been referred to as “Queen of a Day” agreements because the person providing information is at the centre of the concerns. A subject (someone who could be charged) or a target (someone who is probably charged) of an investigation is interviewed by prosecutors, along with your lawyer, about what you know about participants and transactions as part of the criminal investigation.

The idea is to anticipate your knowledge of the criminal enterprise so that a non-prosecution, advocacy or granting of immunity can be negotiated to your advantage, while the government will have an overview of the crimes and perpetrators. In short, proffers pose a risk within federal criminal law. In limited circumstances, they are a risk worth taking for the white-collar suspect. But you should never make a goal without the guidance of an experienced and competent white glue advocate to help you analyze all relevant factors and limit any potential risks.