Proffer agreement
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In U.S. criminal law, aproffer agreement,proffer letter,proffer,or"Queen for a Day" letteris a written agreement between a prosecutor and adefendantor prospectivewitnessthat allows the defendant or witness to give the prosecutor information about an alleged crime, while limiting the prosecutor's ability to use that information against him or her.[1]
As part of the agreement, the subject may agree to create a statement, known as aproffer statement,setting out their testimony. A meeting in which proffer agreements and statements are negotiated or set out is called a proffer session.[2]The proffer testimony may be recorded asvideo evidence,in which case it is known as a proffer video.[3]
A proffer does not ensure immunity; however, it often involves a deal for leniency. For instance, a defendant might secure a recommendation for a lighter sentence or other significant advantages in return for providing valuable and truthful information.[4]
Risks
[edit]Although the statement from the proffer agreement may not be used by the prosecutors, it often results in discovery of new evidence, which then may be used. For this reason, many defendants are reluctant to engage in a proffer agreement.[5][6]
Examples
[edit]Examples of proffer agreements include:
- According to theNew York Times,Rudy Giulianimade a proffer agreement with U.S. federal prosecutors in 2023[7]
- Kenneth Chesebromade a proffer agreement with prosecutors in the state of Georgia in 2023 in relation to theGeorgia election racketeering prosecution.[8]Jenna EllisandSidney Powellmade proffer videos in the same case.[3]
- Duane 'Keefe D' Davismade a proffer agreement in 2009 in regard to the death ofTupac Shakur[9]
- Joran Van Der Slootadmitted in a proffer letter tokilling Natalee Hollowayin 2005 as part of a plea deal relating to charges of wire fraud and extortion against Beth Holloway.
References
[edit]- ^Richard M. Phillips,The Securities Enforcement Manual: Tactics and Strategies,American Bar Association, 2007, p. 440
- ^Avergun, Jodi L.; Cohan, Douglas."Explaining the Inexplicable: The Perks and the Perils of Proffer Sessions and Best Practices for Explaining it All to Your Client"(PDF).cadwalader.com.Retrieved29 October2023.
- ^abRubin, Olivia; Steakin, Will (November 13, 2023)."'The boss is not going to leave': Proffer videos show ex-Trump lawyers telling Georgia prosecutors about efforts to overturn 2020 election ".ABC News.Retrieved2023-11-16.
- ^"Proffer Agreement".federalcriminaldefenseadvocates.com.Retrieved2024-04-14.
- ^Santos, Michael (2021-11-04)."Can A Proffer Agreement Be Used Against You?".Prison Professors.Retrieved2024-04-14.
- ^"Understanding The Risks Of Proffers".Law Office of Joseph Abrams.2023-05-30.Retrieved2024-04-14.
- ^Katzberg, Robert (2023-06-29)."Does Rudy Giuliani's" Proffer "Mean He's About to Flip Against Trump?".Slate.ISSN1091-2339.Retrieved2023-10-21.
- ^Sheth, Sonam."2 of Trump's co-defendants pushed for speedy trials in Georgia. Now both have turned against him".Business Insider.Retrieved2023-10-21.
- ^"Deal made between California authorities and 'Keefe D' could affect prosecution in Tupac case".Channel 13 Las Vegas News KTNV.2023-10-06.Retrieved2023-10-21.
See also
[edit]