In the context of a proffer agreement, when can a proffer statement be used as evidence of guilt? A proffer statement can become evidence of guilt through impeachment. It can also become evidence through…
When You Should NOT Enter a Proffer Agreement Signinga proffer agreement does not guarantee a plea offer, and it does not guarantee leniency. This is perhaps one of the most important considerations when deciding…
Substantial assistance ordinarily concerns providing information that helps the government investigate or prosecute another person or business. It generally does not involve admitting to a crime. If you are thinking about cooperating with federal…
A federal proffer agreement is a contract that sets forth written rules for a voluntary interview between a target (or witness) and the U.S. Attorney’s Office (or another federal agency) that is conducting an…
Participants will be prepared to answer any questions that prosecutors may ask based on the information that the government is seeking to obtain in a target investigation (i.e., “what do you know?”). Prosecutors commonly…
Federal Criminal Rule 35 provides for limited changes to criminal sentences in federal court. While it is the primary tool for adjusting sentences after they have been imposed, Rule 35 motions are only available…
The term “proffer” has multiple applications in federal practice. Federal Rule of Evidence 103(a)(2) governs an attorney’s “offer” at trial, referred to as a “proffer” in the courts, of the substance of evidence that…
A federal proffer agreement is a written agreement between a federal defendant (or a target of a federal criminal investigation) and federal prosecutors. It governs an upcoming interview with federal law enforcement agents (FBI,…
In reality, a federal cooperation agreement rarely constitutes an enforceable contract. Usually, the government’s only enforceable promise is to evaluate the defendant’s assistance in good faith. Under Section 5K1.1 of the U.S. Sentencing Guidelines,…
A 5K1.1 departure is a downward adjustment to the Federal Sentencing Guidelines Advisory Range based on a defendant’s “substantial assistance” in the investigation or prosecution of another person or organization. While 5K1.1 refers to…