Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Why Would I Participate in a Proffer Session?

Author: Scarinci Hollenbeck, LLC

Date: February 1, 2023

Key Contacts

Back

If 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.  

Proffer Definition

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;

  • Reduced charges
  • The case being dropped
  • A lower sentence
  • Protection from the ongoing investigation

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. 

The Pros and Cons of a Proffer to a Defendant/Witness

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:

  • If the individual lies during the proffer session, use immunity doesn’t prevent the prosecution from using the statements to prosecute the individual for false statements under 18 U.S.C. § 1001  
  • If the individual says one thing in a proffer session and then another in court, the immunity doesn’t prevent the prosecution from using the person’s statements to impeach him or her at a trial. 
  • If the prosecution has independent evidence, use immunity doesn’t stop them from using it to make their argument in court. 
  • Any information you provide may be used by the prosecution to obtain other evidence and that evidence can be used against you.

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. 

How to Prepare for 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.  

Hire an Experienced White-Collar Defense Attorney

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.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
The Screenshot Problem: Why Nothing Is Really Private Anymore post image

The Screenshot Problem: Why Nothing Is Really Private Anymore

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]

Author: Sean M. Pena

Link to post with title - "The Screenshot Problem: Why Nothing Is Really Private Anymore"
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers post image

BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]

Author: Nicholas Wall

Link to post with title - "BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers"
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!