May not lead to immunity or plea agreement depending on the quality of the information proffered.Early cooperation by witness may entitle him or her to a “better deal,” especially considering the sentencing guidelines.Government can assess witness for use at trial, thus possibly enhance his/her bargaining position, and.Ground rules for subsequent working relationship established. Each side learns some strengths and weaknesses of opponent’s case.Proffer is almost always a prerequisite to immunity or plea agreement.What are the advantages and disadvantages of proffer? A target means that they think you are guilty of a crime. Thus the information given at the session could turn you into a witness or a target. A subject means that the law enforcement agency is on the fence with you regarding the case. To be involved in a proffer session one must be either a subject or a target. Attorney (AUSA) and one or more federal agents involved in your Federal criminal case. Once you enter into one of these agreements you will proffer information orally in a session attended by you, your attorney and the Assistant U.S. Proffer sessions are usually used for white collar crime investigations. Proffer is also sometimes called “Queen for a day.” A proffer agreement is a written contract between a federal prosecutor and a criminal defendant or someone who is under investigation, in which the person agrees to provide the government with helpful information about crimes with some assurances that they will be protected against prosecution.
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