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So your probably sitting in your lawyer’s office and there telling you to cooperate with federal prosecutors to get a reduced sentence. Maybe your facing 20 years for conspiracy. Maybe there’s mandatory minimums that seem impossible. Or maybe your co-defendants are already cooperating and your the last one holding out. Look, we get it. Your DESPERATELY hoping cooperation saves you. But you should be TERRIFIED! Because cooperating witnesses face retaliation, violence, and sometimes death – and 60% who cooperate NEVER get 5K1.1 motions!
Let me explain the devil’s bargain your considering. A cooperation agreement means you confess EVERYTHING and testify against others in exchange for POSSIBLE sentence reduction!
But here’s the trap – you give up ALL leverage immediately! Plead guilty to everything! Confess to uncharged crimes! Provide evidence! Testify! Wear wires! Your entire life becomes controlled by prosecutors! And at the end? They MIGHT file 5K1.1 motion for reduction!
Only 19% of federal defendants get 5K1.1 departures – that’s less than 1 in 5! The other 60% who cooperated got NOTHING! They betrayed friends, destroyed relationships, risked there lives – for zero benefit!
The process is completely controlled by prosecutors – your at there mercy!
ONLY the government can file 5K1.1 motions – defense cannot! Even if your cooperation results in 10 convictions, prosecutors can refuse to file! Judge cannot order them to file! Your completely dependent on prosecutorial goodwill that often doesn’t exist!
You meet with prosecutors and agents for “debriefings” where you confess everything! Every crime! Every participant! Every detail! These aren’t conversations – there interrogations! One inconsistency and your cooperation agreement voids! We’ve seen cooperators charged with new crimes based on there own debriefing statements!
Then you wait – months or years – while government uses your information! Testify before grand juries! Wear wires on former friends! Record phone calls with family members! Your life becomes undercover operation!
The standard is impossibly vague and completely subjective!
Substantial assistance means information leading to prosecution of others – but how many? What level? Prosecutors decide arbitrarily! Help convict 5 people? Might not be “substantial”! Provide minor information about major target? Could be substantial! Its completely unpredictable!
Here’s what counts: providing information about crimes government doesn’t know about, testifying at trial against co-defendants, wearing wire to record conversations, introducing agents to criminal organizations, providing documentary evidence! But ALL of this is dangerous and humiliating!
What DOESN’T count: information about yourself, details about crimes already known, cooperation after everyone else already cooperated, testimony that doesn’t lead to convictions! We’ve seen cooperators provide years of help only to be told it wasn’t “substantial”!
The reduction is COMPLETELY discretionary – no guarantees whatsoever!
With 5K1.1 motion, judge CAN go below mandatory minimums – but doesn’t have to! Facing 10 year mandatory? Judge could give time served! Or could give 9 years! The motion allows reduction, doesn’t require it!
We’ve seen cooperators get 90% reductions – 20 years reduced to 2! But also seen 5% reductions – 10 years to 9.5! The factors are subjective: value of information, risk to cooperator, criminal history, nature of cooperation! Judge decides based on feel!
Some cooperators get probation instead of decades! Others get minor reductions! One client cooperated for 3 years, testified at 5 trials, and got 6 months off 15 year sentence! The betrayal wasn’t worth it!
The risks are CATASTROPHIC and often not worth sentence reduction!
Snitches have been injured or killed, family members shot at, houses burned down! This isn’t TV drama – its real life consequences! Organized crime targets cooperators! Drug cartels kill entire families! Even white collar defendants face violence!
Your labeled “snitch” forever! In prison, cooperators get beaten or killed! Need protective custody – 23 hour lockdown in solitary! Some spend entire sentence in isolation for safety! Is that really better than general population?
Career destroyed permanently! Who hires known federal informant? Background checks reveal cooperation! Professional licenses denied! Business partners flee! Even family disowns you! We’ve seen cooperators lose everything they tried to protect!
Breaching cooperation agreement is WORSE than not cooperating!
You cannot withdraw guilty plea even if government cancels agreement! Your stuck with conviction AND no benefit! Plus prosecutors seek vengeance with enhanced charges!
What constitutes breach? Lying in debriefings (even innocent mistakes)! Failing to disclose ALL crimes (including ones you forgot)! Contacting co-defendants! Committing ANY new crime! Using drugs! Missing meetings! Even being late to debriefing can void agreement!
Breaches result in new obstruction charges! Each lie is separate offense! Government uses your confession against you! Sentencing enhancement for obstruction! We’ve seen cooperators end up with MORE time than if they’d never cooperated!
YES! And they frequently do!
Filing 5K1.1 is entirely prosecutorial discretion! No appeal! No judicial review! Even with “substantial assistance,” prosecutors can refuse! We’ve seen cooperators do everything asked and get nothing!
Why do they refuse? Didn’t like your attitude! Information wasn’t as valuable as hoped! Supervisors rejected recommendation! Budget cuts changed priorities! Your cooperation embarrassed them! The reasons are arbitrary and secret!
Some offices have policies against 5K1.1 for certain crimes! Child exploitation? No cooperation credit! Murder? Maybe no reduction! Leadership role in conspiracy? Often denied! You cooperate without knowing if your even eligible!
Rule 35 allows post-sentence reductions – but has its own problems!
Rule 35(b) motions can be filed within one year of sentencing – for cooperation AFTER sentencing! Your already in prison! Already separated from family! Already lost job! The reduction seems less valuable!
You continue cooperating FROM PRISON! Debriefings at facility! Transported to testify! Other inmates see you leaving with marshals – everyone knows your cooperating! Violence risk INCREASES dramatically! We’ve had cooperators stabbed in prison!
Rule 35 reductions are often SMALLER than 5K1.1! Judge already sentenced you! Changing sentence looks bad! Prosecutors ask for less reduction! One client got 18 months off 12 year sentence after testifying at 3 trials from prison!
Going to trial usually VOIDS cooperation agreements!
Most agreements require guilty plea! If you cooperate during investigation but fight charges? NO 5K1.1! All your cooperation benefits prosecutors but you get nothing! They use information you provided against you at trial!
Some agreements allow cooperation credit even after trial – but incredibly rare! Government doesn’t want to encourage trials! They want pleas! Fighting charges signals lack of acceptance of responsibility! We’ve seen defendants lose cooperation credit by exercising constitutional rights!
The trial penalty is MASSIVE! Cooperators who plead get 5 years! Same defendant going to trial gets 20! Is maintaining innocence worth 15 extra years? For some yes! For others, the pressure to plead is unbearable!
Cooperation becomes public eventually – and destroys reputation!
Sentencing hearings are public! 5K1.1 motions filed in open court! Co-defendants learn you cooperated! Media reports it! Court transcripts available forever! Your cooperation is permanently documented!
Sealed cooperation agreements eventually unseal! Trial testimony is public! Other defendants’ lawyers get your debriefing transcripts! Everything you said gets disclosed during discovery! We’ve seen cooperators mortified when there statements become public!
Internet makes it worse! Court records online! Newspaper articles permanent! Google searches show cooperation! Employment background checks find it! Your labeled informant for life! Even witness protection doesn’t hide everything!
Look, we’re not your typical lawyers who push everyone to cooperate for easy pleas. We’re former federal prosecutors who know EXACTLY when cooperation helps and when it destroys lives!
We understand which prosecutors honor cooperation agreements and which ones don’t. We know what information is actually “substantial” versus what seems important. We can evaluate if your safety risks outweigh sentence benefits. Most importantly, we negotiate cooperation terms that protect you!
Other firms tell everyone to cooperate immediately. That’s EXACTLY how innocent people confess to crimes they didn’t commit! The government doesn’t care about your wellbeing – they want convictions. We fight to protect your interests, whether that means strategic cooperation or going to trial!
Call us RIGHT NOW at 212-300-5196
Cooperation decisions must be made IMMEDIATELY!
Former federal prosecutors – Cooperation experts – Available 24/7!
Don’t make cooperation decisions under pressure! Prosecutors want immediate answers to prevent you from thinking clearly! Other defendants cooperating doesn’t mean you should! Your situation is unique and requires careful strategic analysis!
Remember – cooperation isn’t just about sentence reduction, its about your life, your safety, your family, your reputation. One wrong cooperation decision can mean death threats, violence, witness protection, and still no sentence benefit. You need someone who evaluates ALL consequences, not just sentencing guidelines. Call us NOW before you make irreversible cooperation commitments!
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS