What To Expect From A Proffer
Coleman Flaherty
Managing Director at White Collar Consult-Sentence Reduction -Mitigation-Specializing in Securities Fraud- SBA Loan Fraud-Healthcare and Tax Fraud
A Proffer is a meeting that is typically held at The US Attorney's office between a defendant, the defendant's attorney, an Assistant US Attorney, and 1 or more FBI Agents. Often times the meeting is a prelude to the potential defendant cooperating with the government. The meeting will typically be covered by a limited immunity agreement. The meeting is an opportunity for the defendant to share information that may be of use to the government. During the Proffer, the defendant can in no way lie about or minimize his conduct in any way. If the defendant does lie during the proffer he may face additional charges. The proffer gives the defendant an opportunity to essentially tell-all about the crime and to hear what the government expects of him in his cooperation.
In my case, I did not know what to expect from my proffer. The meeting caused a great deal of anxiety for me as it was the first time meeting the AUSA. The meeting was a start to my 4-year relationship with the FBI and the Department of Justice that would ultimately end in a non-custodial sentence.