Federal Proffer Interview

Federal proffer interviews are downright intimidating. There is usually a formal document signed upfront called a proffer agreement; at least one FBI agent; an accused citizen and hopefully their experienced federal criminal defense lawyer in the room.

If you are facing a federal investigation or have been contacted by the government for a meeting, you may wonder, what is proffer? A proffer agreement, also known as a “Queen for a Day” letter, can be a powerful legal when approached strategically. While they can pose opportunities for success, these letters also come with serious risks. At Evergreen Attorneys, we help our clients understand complex legal situations, ensuring proper protection and preparation to achieve the best outcome possible.

What Is a Proffer Interview and Proffer Agreement?

• A proffer agreement is a written document offered by prosecutors that allows a defendant to speak candidly with the government during a proffer interview or a proffer session without having their statements used directly against them. This interview or “proffer” can also be referred to as a debrief, held typically with federal agents, U.S. Attorneys, a defense attorney, and their client(s) present.
• A proffer session is not a guarantee of reduced charges or immunity. It is also distinct from a full immunity agreement, which offers broader protections. A proffer agreement allows the government to hear facts presented by you, evaluate your usefulness as a witness, and decide if a plea deal may be warranted.
• Evergreen Attorneys’ experienced team worked with multiple U.S. Attorneys offices, allowing negotiations under the best possible terms for proffer sessions.

What Happens During a Federal Proffer Interview?

• In a proffer session, a client provides information pertinent to the government’s investigation. This may involve:
  • Discussion knowledge of alleged criminal conduct 
  • Implicating codefendants or third parties involved
  • Exploring possible cooperation in exchange for leniency, charge dismissal, or plea reductions
• Proffer sessions may vary wildly with each U.S. Attorney’s Office. It is crucial to understand the jurisdiction’s specifics prior to entering a proffer session. Any proffer session is governed by the written agreement, a document outlining the protections and exceptions applied to your case. The government will document any information given throughout the proffer, and investigators will evaluate your credibility. The federal litigators at Evergreen Attorneys will ensure that you feel confident throughout each step of the process. 
  • This is so vital for your federal criminal defense attorney to know that not all proffer agreements are created equal. They are not “standard” documents and not one-size fits all.

The Risks and Benefits of a Federal Proffer Interview

• Benefits 
  • Federal proffer interviews present unique opportunities that may lead to reduced charges or a reduced sentence. In some cases, proffers may end in the dismissal of charges. While these sessions do not ensure any plea agreement or reduced penalty, they certainly set the stage for formal cooperation actions with the U.S. Attorney’s Office. Additionally, proffers may bring about information that may persuade the government to file a motion for a reduced sentence under U.S. Sentencing Guidelines §5K1.1 or Rule 35(b).

 

• While it may be a wise decision to enter a proffer agreement and participate in a proffer session, these legal tools can also implicate a client, creating higher stakes within the case. It is crucial to consult with an experienced attorney to discuss whether or not a proffer is the right decision for you. Attorneys Zachary Newland and David Boyer will read the provisions of your case in detail to ensure that you are acting with strategic guidance. Proffers can be risky if you are not ready or willing to be completely honest with the team of prosecutors. The protection that comes with a proffer includes exceptions:
  • If a client knowingly and willingly withholds material info or is not completely truthful, the prosecution may use information given during the proffer session against you for any purpose. If you are not prepared to tell the truth, you should not attend a proffer session. Additionally, if information shared in the interview is found to be false, the proffer and any of its promises will be completely voided. Under 18 U.S. Code §1001, the government holds the right to prosecute any false statements that are given during a proffer debrief. United States v. Aiello, 118 F.4th 291, 305 (2d Cir. 2024).
  • Federal proffer agreements should be executed with caution, especially if you are involved in another criminal proceeding, meaning, If you are a witness in any separate legal case and provide testimony that is materially different from any proffer information, the government or opposing counsel may use proffer info in cross examination or rebuttal. United States v. $87,188.00 in U.S. Currency, 95 F.3d 511, 516 (7th Cir. 1996).
  • Additionally, the government may make derivative use of proffer information, meaning that any proffered information may be used to gather independent evidence pertinent to the current case and any other investigation. United States v. Pielago, 135 F.3d 703, 708 (11th Cir. 1998).
• Honesty is crucial when accepting an offer to come in for a proffer interview. You should be prepared to answer any questions in a truthful and tactical manner. Our attorneys will provide you with quality proffer preparation, ensuring that the interview will pursue your best interests.

Do You Need a Lawyer For a Federal Proffer Session?

• Often, proffer interviews are great opportunities to pursue sentence reductions or case dismissals. However, these sessions present high risk if taken without proper preparation, It is crucial to attain knowledgeable counsel before discussing a proffer with any U.S. Attorney or prosecutor. Our experienced defense attorneys will use their experience to:
  • Assess whether a proffer interview is in your best interest
  • Review and negotiate the agreement terms with opposing counsel
  • Prepare you to speak truthfully and strategically
  • Shield you from unfair questioning or overreach from prosecutors

How Evergreen Attorneys Can Help

• We recognize that proffer sessions are critical moments that can significantly impact your case. Our attorneys:
  • Maintain strong working relationships with prosecutors and U.S. Attorneys
  • Know how to structure and negotiate proffer agreements confidently
  • Provide extensive client preparation before interviews

Is a Federal Proffer Right for You?

Proffer agreements can be strategic and beneficial, but they are also fraught with potential risks. When determining whether a proffer is right for you, Evergreen Attorneys can help you navigate which legal strategy best suits your case. Contact the lawyers at Evergreen Attorneys today at (303) 948-1489 or by email at [email protected].