what is an attorney proffer

What is a Proffer and why is it important?

Feb 11, 2020 · attorney proffers may be highly beneficial for both sides: they can provide the defense lawyer with an early opportunity to influence the government’s view of the case and allow prosecutors to...

What are the responsibilities of an attorney?

Feb 06, 2021 · A proffer is technically a written agreement. It is an agreement between a Prosecutor and a Defendant, or witness, in which information about a crime is exchanged for the promise that their information and words will not be used against them in a later Court Hearing. After entering into a Proffer (the Agreement) a meeting with the Prosecutor and often the …

What is a federal proffer session in a criminal case?

In the context of a trial or a hearing, for example, a “proffer” means an offer of proof: an attorney formally tells the court what the evidence would have shown, instead of actually presenting the evidence. Such “proffers” are made for the sake of convenience, so that courts do not have to listen through evidence deemed inadmissible, while still allowing the attorney to preserve an …

What is a letter of protection from an attorney?

Sep 01, 2021 · Attorney Proffer: In an attorney proffer, only attorneys will meet and the defendant will not be there. Often times, this is done in advance of a proffer meeting with the defendant. The defense attorneys will share with the prosecution the defendant’s version of events. They may discuss the case in a hypothetical sense.

What does proffer mean in legal terms?

Definition. To offer or present for immediate acceptance or rejection, usually evidence at trial. evidence. courts and procedure. criminal law and procedure.

What happens after a proffer?

If this proffer session takes place after an indictment, the client and lawyer are trying to use the session to convince prosecutors to reduce the charges and/or potential sentence. It is almost unheard of for a federal prosecutor to simply drop charges after a proffer session.Jan 13, 2020

What is the purpose of a proffer?

A proffer agreement is a written contract between a federal prosecutor and defendant, or a person under a criminal investigation, where they will make an agreement to give the prosecutor useful information. Their statements won't be used against them later in a criminal proceeding.Mar 23, 2020

What does it mean to proffer a case?

A proffer is an opportunity for an individual to tell the government what he or she knows about the subject of an investigation. They occur frequently in white collar investigations. Proffers can be written or an in-person interview.

What is the difference between offer and proffer?

According to vocabulary.com, “proffer” means “presenting something for either acceptance or rejection.” And according to merriam-webster.com, “offer” means “to present for acceptance or rejection,” too. Undoubtedly, these two words have the same meaning.

What does it mean to proffer solution?

2 to give someone advice, an explanation etc the proffered invitation→ See Verb tableExamples from the Corpusproffer• As northern cities became symbols for industrial collapse and unemployment, so symbolic solutions had to be proffered.

What happens at a proffer session?

In the criminal legal world, a proffer is a meeting where the prosecution and defense discuss the facts of the case. Defendant Proffer: When the defendant is present, he will offer information to the prosecutor in exchange for a benefit.Sep 1, 2021

What is proffer evidence?

What is Proffered Evidence? Refers to evidence that is first offered to the court to obtain a ruling on its admissibility, as in an offer of proof.

When should you proffer?

Barring unusual circumstances, you should only proffer if the following conditions are met: 1) indictment is a foregone conclusion absent a proffer; 2) a reasonably specific plea deal (or an immunity agreement) is contemplated by both sides if your proffer is truthful and covers the anticipated topics; 3) you and your ...

How do I prepare for a proffer?

How I Prepared For My Proffer SessionHow I Prepared For My Proffer. ... My Attorney-Client Relationship. ... Don't Lie to Prosecutors. ... Make Time To Prepare With Your Lawyer. ... Bring a Humble And Straightforward Attitude. ... Process The Experience. ... Find A Stress Buster. ... Consult Your Lawyer During Proffer.More items...•Nov 9, 2021

What is a witness proffer?

A proffer is technically a written agreement. It is an agreement between a Prosecutor and a Defendant, or witness, in which information about a crime is exchanged for the promise that their information and words will not be used against them in a later Court Hearing.Feb 6, 2021

What is Queen for a Day legal?

A "Queen for a Day," commonly called a "Proffer" or "Proffer Letter," is a written agreement to conduct an informal interview between a federal prosecutor (usually an Assistant United States Attorney, or "AUSA") and a suspect or criminal defendant regarding information and evidence he or she may have pertaining to some ...

What is a proffer agreement?

A proffer agreement is not a promise of absolute immunity but an agreement between the defendent and the government for a certain level of “use immunity.”. A proffer is often a door to making someone a cooperating defendant who may be eligible for a favorable, less severe sentencing recommendation.

What is the purpose of the proffer information?

The government would use this proffer information to rebut or refute the information being offered by the witness with the goal of impeaching that person through the process of cross-examination. In such a case, the government will introduce the proffer information as evidence against the defendant at trial.

What happens if the proffer statements are untrue?

Untrue Statements. If it later turns out that information provided during the proffer is inconsistent with information, evidence, arguments, and representations received by third parties, the proffer statements may be used against the person who made the statement during the trial.

What is a proffer?

Purpose. A proffer is a meeting between a criminal defendant or suspect and the government. This meeting typically takes place at the local U.S. Attorney’s Office rather than in court. At the meeting, a defendant is represented by counsel and the government is represented by the prosecutor along with the investigating agents. The meeting is normally covered by a limited immunity agreement where the purpose is for the defendant to share with the government all verbal, written, or electronic information, such as statements, records, emails, videos, or documents that may be of use to the government. Proffer opportunities do not apply to violent crimes or to individuals with a history of violent crime.

What is the best thing a defendant can do?

At times, the best a defendant can do is to cooperate with the government. Our experienced criminal defense counsel at Oberheiden, P.C. advises people to cooperate in one of two situations: First, the evidence against a defendant is so overwhelming that it simply cannot be rebutted. For example, a client sells stolen government property ...

Can a proffer minimize his involvement?

He must not minimize his involvement, nor exaggerate his role or the role of others. By no means should a proffer be misunderstood as an opportunity to blame others and to present oneself as an innocent bystander— this approach is meant for a trial. Untrue Statements.

Can the government make derivative use of information during the proffer?

The government may make derivative use of information during the proffer, as established by Kastigar v. United States (1972). This basically means that the government may pursue any investigative leads suggested by, any statements or other information provided by a defendant from the proffer.

Who is Braden Perry?

Braden Perry is a litigation, regulatory and government investigations attorney with Kennyhertz Perry, LLC. Mr. Perry has the unique tripartite experience of a white collar criminal defense and government compliance, investigations, and litigation attorney at a national law firm; a senior enforcement attorney at a federal regulatory agency; and the Chief Compliance Officer/Chief Regulatory Attorney of a global financial institution. Mr. Perry has extensive experience advising clients in government inquiries and investigations, particularly in enforcement matters involving emerging or novel issues. He couples his technical knowledge and experience defending clients in front of federal agencies with a broad-based understanding of compliance from an institutional and regulatory perspective.

Who is Kenny Perry?

Kennyhertz Perry, LLC is a business and litigation law firm representing clients in highly regulated industries. The firm was founded by two veteran Kansas City attorneys, John Kennyhertz and Braden Perry. To learn more about the firm, visit kennyhertzperry.com.

Why is a proffer called Queen for a day immunity?

This is why a Proffer is sometimes called “Queen/King for a Day Immunity” because it protects the Defendant or witness from having their words or information provided at the Proffer meeting from being used against them at a future hearing. Often, a formal written proffer agreement will not contain any express promises, ...

What is a proffer agreement?

A proffer is technically a written agreement. It is an agreement between a Prosecutor and a Defendant, or witness, in which information about a crime is exchanged for the promise that their information and words will not be used against them in a later Court Hearing.

Can you use a proffer for impeachment?

It does not prevent them from using your information to conduct further investigations and gather independent evidence against you. Additionally, statements made during a proffer can be used for impeachment or to show that you are being untruthful at future Court appearances.

Does a proffer letter exonerate someone?

Rarely does a Proffer letter fully exonerate somebody from Prosecution. Therefore, it is very important to have a Defense Attorney review the Proffer so that the Defendant or Potential Witness will know exactly how it will affect their case.

What is a proffer letter?

A proffer letter describes any agreement the prosecution and the individual has regarding a proffer session or sessions. Typically, a proffer letter will state that the individual has immunity from any incriminating statements being used against that witness at trial or another proceeding, to prove the witness’s guilt.

What is reverse proffer?

A “reverse proffer” is very different from a proffer. In a reverse proffer, the prosecutor describes the evidence while the defendant and his attorney listens. Sometimes, reverse proffers may be done solely by the prosecutor to the defense attorney.

What is the meaning of "proffer" in pretrial negotiations?

In the context of pretrial negotiations, the word “proffer,” sometimes also called “queen for a day,” refers to an informal offer of information by an individual—usually a target, but sometimes a witness or subject—to one or more law enforcement officials. This is the “proffer” that we will be focusing on in this article.

What is informal proffer?

An informal proffer allows the individual to give some bits of information so that law enforcement authorities can decide whether they want to offer formal cooperation.

What is a proffer?

Most commonly, proffers are a prelude to cooperation. The individual is under investigation or has been charged with a crime, and wants to offer information to law enforcement authorities in exchange for some benefit, such as dropped or reduced charges or an agreement for a lower sentence.

What is a "proffer" in a court case?

In the context of a trial or a hearing, for example, a “proffer” means an offer of proof: an attorney formally tells the court what the evidence would have shown, instead of actually presenting the evidence.

Why do courts give proffers?

Such “proffers” are made for the sake of convenience, so that courts do not have to listen through evidence deemed inadmissible, while still allowing the attorney to preserve an issue for appeal. This article is concerned with a different use of the word “proffer.”. In the context of pretrial negotiations, the word “proffer,” sometimes also called ...

What Is a Proffer?

Generally speaking, a proffer is an offer of proof or evidence in support of an argument. In the criminal legal world, a proffer is a meeting where the prosecution and defense discuss the facts of the case.

Proffer Negotiation Tactics

A proffer session may convince the prosecutor not to bring criminal charges. The meeting may be the best way to clear up an incident and explain the defendant has no culpability. Or, if the defendant has limited culpability, the session can also bring this to light.

Proffer Sessions & Immunity

Prior to the meeting, a written proffer agreement between the prosecutor and defendant will be prepared. This is sometimes called a “Queen for a Day” letter. This agreement allows the defendant to speak freely about his involvement or knowledge of a crime. Yet it also limits the prosecutor’s ability to use that information against the defendant.

What is a proffer meeting?

During a proffer meeting, it is expected that you will answer the Assistant United States Attorney’s questions as honestly and completely as possible. Prior to the meeting, your attorney should engage in discussions with the U.S. Attorney’s Office regarding the scope and substance of your testimony, and you should be prepared to answer any questions that are reasonably anticipated. A proffer is a well-established and clearly-defined legal process. The government’s attorneys will expect you to be prepared, and you should expect to provide information (including potentially self-incriminating information) consistent with the terms of the proffer agreement.

How does a proffer agreement work?

Proffer agreements can come about in one of two ways: The U.S. Attorney’s Office may seek to solicit information from someone who is facing the prospect of a federal indictment, or an individual who is at risk for going to trial on serious white-collar charges may seek the protections of a proffer agreement . In either case, it is critical not to simply provide information to the government and assume that a proffer agreement will follow. The proffer agreement should be signed up front, and the parties should have a clear mutual understanding of the purposes of their discussion.

What does it mean to negotiate a pre trial resolution?

However, if you are guilty, or if the government can potentially make a case that you violated federal law, this could mean negotiating a pre-trial resolution that minimizes the consequences of the investigation as much as possible . One way to do this is by seeking to enter into a proffer agreement. A proffer agreement is a written contract between ...

Do you have to have a lawyer for a proffer?

Yes, when you appear for your proffer, you are entitled to legal representation. Typically, the defendant or target and his or her attorney will meet with an Assistant United States Attorney and the federal agents involved in the government’s investigation. Having an experienced federal defense attorney present during your proffer meeting is critical. You need someone who is familiar with the process and who can advise you before you make mistakes that could jeopardize your defense.

Can you get a proffer agreement for a white collar crime?

No, as a baseline, proffer agreements are generally only an option in cases involving allegations of white-collar offenses. This includes federal crimes such as health care fraud, tax fraud, bank fraud, blackmail, and extortion. If you are being investigated or facing charges for a violent offense, a proffer agreement is not going to be on the table.

Can you be charged with false testimony?

Potentially, yes. If you supply the U.S. Attorney’s Office with information that it can use to uncover additional evidence, it is possible that your proffer could lead to federal charges even if you were not originally a target in the government’s investigation. Additionally, as noted above, if you lie during your proffer, you can face charges for providing false testimony regardless of the outcome of the substantive allegations involved. Once again, before agreeing to a proffer, you need to carefully weigh the potential costs and benefits, and you need to make an informed decision based upon a realistic assessment of the various factors at play.

Why are prosecutors interested in investigating the distributor?

In this instance, the prosecutors are mostly interested in investigating the distributor. This is because the suspect regularly interacts with all of the operatives. Therefore, they could reveal crucial evidence and details. However, when federal attorneys sent them the proffer letter, the defendant refused the offer.

Why do defendants proffer contracts?

Defendants usually agree to proffer contracts because they prelude a plea bargain or other negotiations. If your evidence or information is strong enough, prosecutors might drop the charges or lower them. In exchange, they expect you to act as a witness for the government in court. Nonetheless, when you don’t provide them with useful or revealing facts, the government could continue to file charges against you. While proffer is a legal term that applies to contracts, these prosecutor-defendant agreements are somewhat informal. In other words, when it comes to the outcome of proffer negotiations, nothing is guaranteed.

What are the obligations of a contract?

In short, almost every contract will entail the following terms and obligations. Firstly, here are the protections that defendants enjoy: 1 The prosecution can’t use any confessions or shared evidence during the trial and throughout the case. The only exception, of course, is if they reach a plea bargain deal and the defendant agrees to be a witness. 2 If federal attorneys breach this provision, the courts will dismiss the improperly-obtained proof by default. 3 A defendant who talks to prosecutors at an early stage has the right to favorable treatment. They also receive light or nonexistent punishment. 4 If the suspect reveals strong proof or information, the government’s lawyers might offer a legally binding plea bargain deal.

What happens if you don't sign a proffer deal?

If they don’t, the court will rule against them. Defendants also enjoy this protection when they sign a proffer deal. These characteristics define proffer negotiations and what they entail. Nevertheless, individuals must should also read any document before adding their signature to it.

What happens when you don't provide evidence?

Firstly, if the prosecution believes that the evidence is strong enough to influence the course of the case and the judge’s decision, they will make an offer to the accused felon. Secondly, when you don’t provide significant information or proof, the government’s attorney may continue to press charges as planned, without reaching any deals. Thirdly, prosecutors could only use your proffer to pressure other defendants into making some sort of agreement.

What happens if you break a proffer agreement?

The proffer agreement that you sign is legally binding. If any party breaks the contract, they could face legal repercussions. Moreover, the side the breached the agreement might be liable for punitive and other types of damages. As a defendant, your end of the deal entails giving truthful and honest information.

What is a proffer contract?

Federal courts define proffer as a legally binding contract that neither suspects nor the government can breach. This includes the secrecy of any revealed evidence or criminal admissions. When an individual signs a contract, in general, the other party is obligated to honor its terms. If they don’t, the court will rule against them.

What is a standard proffer agreement?

A standard proffer agreement offers a type of limited use immunity, preventing the govern- ment from making “direct” use of your client’s statements, i.e., the government cannot offer the statements made during the proffer session directly against your client if he or she is sub- sequently prosecuted.

What is a proffer session?

A proffer session is a meeting between the de- fense and the prosecutor in the course of an on- going government investigation. There are two typical types of proffer session: an attorney proffer and client proffer.

Does the SEC share statements?

The SEC will also share the statements in connection with a false statement, perjury or obstruction of justice prosecution. Unlike the DOJ, the SEC pro- vides specific guidance to its staff and mandates the use of a standard written proffer agreement.