Federal law does not specify the number of proffer sessions that you will need to attend. If prosecutors get the answers they need, there might only be one session. However, if prosecutors need to…
Federal law doesn’t provide a countdown to sentencing after a defendant cooperates. While the advisory notes to Federal Rule of Criminal Procedure 32 say, “At sentencing, the court may grant a postponement of sentencing…
While it is possible to get to the resolution of an agreement to cooperate, it generally takes longer to conclude a case through cooperation than through other means. This is typically because the timeline…
A federal proffer session is a voluntary meeting between a person who is the subject of a criminal investigation and federal prosecutors (United States Attorneys) who are conducting the investigation. The purpose of the…
A defendant who is aware (or will become aware) of their liability for a federal offense may consider offering cooperation at any stage of the legal process. A defendant might offer to cooperate: Prior…
A federal deferred prosecution agreement (DPA) postpones criminal prosecution while negotiated conditions remain effective. Although similar to a non-prosecution agreement (NPA), it is not the same. The primary difference is that the government files…
The Sixth Amendment Right to Cross-Examination In criminal cases, any witness who testifies for the prosecution must be subject to cross-examination by the defendant. This constitutional right, rooted in the Sixth Amendment, is meant…
You personally control whether to plead guilty or go to trial (see 2.1.2.5(iv) above). No judge or prosecutor will force you to do either. Cooperation does not guarantee a favorable outcome, and certainly not…
# Cooperation in RICO and Organized Crime Cases Many individuals believe in the applicability of the Pareto Principle, or 80/20 Rule, to federal RICO cases, but the Pareto Principle is not a rule of…
A cooperation agreement with the federal government rarely, if ever, guarantees any particular sentence. As a result, this should not be the only factor in deciding whether or not to cooperate. Timing Cooperation can…