This post was also written by Shannon Voll Poliziani.
A crucial decision in most federal “white collar” criminal investigations is whether to “proffer” to the government – to engage in an off-the-record, question-and-answer session with the prosecutor and investigating agent in the hopes of getting immunity, a plea deal, or no charge at all. Because of the risks involved, the decision must be carefully weighed with the assistance of knowledgeable criminal defense counsel. Those risks recently increased in the Western District of Pennsylvania. On April 11, 2013, the Pittsburgh U.S. Attorney’s Office added language to its standard proffer agreement – a contract signed between the government and the interviewee setting how the government can use the information gained in the proffer – that broadens a prosecutor’s ability to use proffer statements in subsequent legal proceedings in the Western District of Pennsylvania.
Click here to read the issued Client Alert that describes how the new language changes the proffer calculation for clients and their lawyers.