Federal sentencing law does not provide a fixed definition of “substantial assistance.” Instead, in federal criminal cases, “substantial assistance” refers to efforts to help with the investigation or prosecution of another person’s offense. In…
Derivative use is when investigators use statements covered by a proffer agreement to uncover new leads. This is different from using the statement itself as evidence, which the agreement usually prohibits. If the agreement…
Only the federal government can initiate a § 5K1.1 substantial-assistance departure. A defendant cannot request this departure on their own. While a defendant’s cooperation is the necessary basis for a § 5K1.1 departure, it…
An inconsistency does not end your defense, nor does it conclusively establish your guilt. If you choose to defend yourself at trial, you are entitled to assert a defense based on the available evidence.…
Lacking useful information does not establish dishonesty, and it does not establish a breach of your proffer agreement. As we discussed, “usefulness” is not necessarily the issue at hand; rather, the key is whether…
The possibility of your co-defendants discovering that you are cooperating with the government is a real and present danger. Despite federal efforts to protect cooperating defendants, there are several circumstances that can lead to…
If the government deems the session unsuccessful, you’ll usually forfeit any cooperation credit or plea concessions you might have otherwise received. A written proffer agreement controls the ways prosecutors may use information you disclose…
Participating in a proffer session is generally voluntary. However, a target may be compelled to participate in a federal grand jury proceeding, which can have the potential to expose a target to criminal liability.…
Immediately after a successful proffer session, prosecutors will take some time to assess the information you have provided. They will need to determine: Whether you were truthful; Whether you have useful information; and, Whether…
Even after you have completed your cooperation, there is no certainty that this will lead to reward or closure. Finishing your cooperation is not the same as having your case dismissed. You have no…