Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: February 1, 2023
The Firm
201-896-4100 info@sh-law.comIf you are being investigated for a white-collar crime, you may receive a proffer letter from a federal prosecutor. Depending on how the proffer session is handled, this may be a good or bad thing for your case. So before agreeing to a proffer, you first need to understand a proper proffer definition, along with its pros and cons.
As a defendant or a witness to a white-collar crime, you may want to offer information to the prosecutor in exchange for some benefits, including;
But the prosecutor isn’t sure you’ll tell the truth or have useful information. This is where a proffer letter comes in. It’s an agreement drafted by the prosecution defining the ground rules for an interview between the prosecutor and other investigators and the witness or defendant accompanied by their lawyer.
The letter allows the defendant or witness to share information that the prosecutor can consider when determining if they can extend benefits. Think of it like an audition to determine cooperation with the prosecution.
During a proffer session, the defendant or witness must disclose everything they know about the crime to the prosecution. The defendant or witness is legally bound to tell the truth without withholding relevant information.
As a defendant, you cannot minimize your involvement in the crime or exaggerate the role of others. A proffer isn’t an opportunity to play the blame game or paint yourself as innocent.
A proffer agreement doesn’t promise absolute immunity; instead, it’s an agreement for some level of use immunity. Use immunity prevents the prosecutor from directly using statements the individual provides at the proffer at trial if the individual is prosecuted. However, use immunity doesn’t apply in certain scenarios:
The type of protections extended is clearly outlined in the proffer letter and can not be negotiated. It’s important that the individual understands the proffer terms before attending a proffer session.
You should work with an experienced and trustworthy white collar defense attorney. It’s the lawyer’s job to ensure your rights aren’t violated. They’ll create a strategy before going into the proffer session and stick to it.
During the proffer session, you must be truthful, as this is your best bet for getting the best possible outcome from the proffered deal.
Suppose you’re a defendant or a target in a federal investigation and are considering cooperating with the prosecution in exchange for a reduced sentence or dropped charges. In that case, you should hire an experienced white-collar defense attorney that understands proffer processes, can give you a proper proffer definition, and can advise you accordingly. Scarinci Hollenbeck, LLC lawyers understand the process, anticipate prosecution moves, and have great negotiation skills. We seek to get you the best possible result while reducing the risk involved. Call us today for a free consultation.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!