In most federal gun-trafficking cases, the primary mechanism for a sentencing reduction based on cooperation is a “substantial assistance” departure under $S 5K1.1$ of the United States Sentencing Guidelines. Unlike other sentencing deviations, a…
Federal law does not impose a strict deadline for making the decision to cooperate. Neither the sentencing guidelines nor Department of Justice policy sets a 72-hour cutoff for defendants who accept responsibility. Defendants can…
Cooperation in federal fraud investigations may take many forms, such as: Disclosing information Providing testimony Monitoring communications Engaging in undercover activities While cooperating with federal authorities is a critical step in reducing your sentencing…
Cooperation can be a smart choice if it has the potential to lead to reduced charges or a favorable sentencing recommendation. Even if cooperation is not likely to lead to federal leniency, it may…
Cooperating in Federal Money Laundering InvestigationsA proffer agreement’s written terms determine if and how the federal prosecutors may use any information you disclose while participating in a proffer. Because these provisions are so important,…
USSG § 5K1.1 is the provision that permits a court to impose a sentence outside of the recommended federal guideline range if the government files a substantial-assistance motion. However, under the Federal Sentencing Guidelines,…
The written agreement itself defines what conduct triggers revocation of the agreement. In most cases, revocation means that the prosecutors treat the cooperation obligations and promised benefits as terminated. Here too, the federal rules…
Government conduct that is expressly permitted by the letter of a proffer agreement is not a breach. Conversely, as federal judges have noted, “conduct that exceeds the bounds of the agreement” can be a…
A §5K1.1 motion is a request for a “downward departure from the guideline range.” As the term makes clear, a §5K1.1 motion can only take your sentence below the guideline range, not below the…
A federal proffer agreement is a written contract that sets the stage for a meeting between the defendant and federal prosecutors. The purpose of a proffer agreement is to establish terms regarding the defendant’s…