Second, the government will agree that no statements made by your client will be used by that prosecutor against him. Here are the typical terms of a proffer agreement:įirst, your client will agree to provide truthful answers to questions asked. They will take notes and draft an interview memo, or 302, of what your client says. (There are also “attorney proffers” and “reverse proffers,” but they are different.) Present during the interview are the prosecutor running the investigation and an FBI agent or two. Terms of a Standard Proffer AgreementĪ proffer is a voluntary interview with the government. That alone should be a red flag that they aren’t a valuable commodity for people caught up in a criminal investigation.Īll in all, proffer agreements are helpful but don’t let them lull you into a false sense of security for your client. Prosecutors give out proffer agreements like candy. There are some circumstances under which you may decline a proffer agreement altogether. The more you understand how proffer agreements work in real life, though, the more you will realize that they don’t offer very much protection at all. After all, they protect your client in an important way: the government cannot use what your client says during the proffer directly against him. It looks so lovely and perfect in the bakery window, but after your first bite, you realize that it tastes awful.** A proffer agreement-or “queen for a day” agreement*-is the shiny fruit tart of the white collar defense world.
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