A federal proffer is a voluntary session in which we negotiate with prosecutors to present information, or information we obtain during an investigation, to aid in the government’s case. Because of the immense stakes…
Neither timing is categorically better. The “best” timing depends on: The scope and strength of the evidence against you; Your federal exposure; Your objectives for (or expectations from) proffering; and, Your ability to negotiate…
Pre-indictment advocacy focuses on reaching federal prosecutors and grand jurors before charges take the form of a public court filing. Once the grand jury returns an indictment, an AUSA’s charging choices generally harden. As…
Digital proof can strengthen or collapse plea leverage. If prosecutors have executed valid search warrants, conducted thorough forensics, and have a solid authentication theory, then the defendant’s plea offer and prospects will likely lean…
The answer to this question is not immediately apparent because, as we discussed, there is no oath involved. This is also why the answer cannot be “yes.” The provision that applies is not Section…
Can an NPA Provide Full Protection Against All Potential Federal Charges? An NPA typically covers specific charges. It does not usually offer a blanket promise against prosecution for all federal crimes. The extent of…
1. Specify the Statute The federal government typically requests a sentencing departure for cooperator defendants under 18 U.S.C. § 3553(e). This is the only federal statute that allows federal judges to impose sentences below…
While federal cooperation can sometimes lead to a favorable outcome, it provides no guarantees. Even in a situation where the government agrees to support a downward departure or a request for a less-severe sentence,…
In all cases, what matters is what you are doing with the document and how the document speaks, not its title. Often, federal prosecutors’ agreements with cooperation witnesses appear in documents informally referred to…
Just because you provide a proffer does not mean you get a cooperation agreement or immunity, and your proffer may not automatically shield you from the government’s later criminal prosecution. Your proffer is a…