Blog
Proffer Agreement In A Federal Criminal Case
Proffer Agreement in a Federal Criminal Case
Spodek Law Group – Over 50 Years of Combined Experience
If you’re on our website, it’s because you might be in legal trouble and need an experienced federal criminal defense attorney. At Spodek Law Group, we understand how urgent and serious this is. Our goal here is simple: give you a clear explanation of what a proffer agreement is and explain how it might help—or hurt—you in a federal criminal case. We’re going to examine the details of how it works, the potential defenses we use, and the effects under federal law. If you’re considering a proffer agreement, or if you’ve just been approached by federal agents, this article is for you.
What Is a Proffer Agreement?
A proffer agreement—often referred to as a “queen for a day” arrangement—is a written agreement between you (the defendant or potential defendant) and the federal government. In this agreement, you agree to provide truthful information about the alleged offense. In return, the government typically promises it won’t use those statements against you in its main case. But here’s the catch: if you lie, withhold important details, or commit new crimes, the protection you think you have under a proffer agreement can vanish.
Because there’s so much at stake, we always recommend you speak to a qualified criminal defense attorney before you enter into any proffer arrangement. Our attorneys at Spodek Law Group have decades of combined experience handling careful negotiations with federal prosecutors. Our goal is to provide you the best possible legal representation at all stages of your case.
Why the Government Uses Proffer Agreements
Federal prosecutors often use proffer agreements to get important information from someone with direct knowledge of alleged criminal activity. For example, maybe you have insight into a larger drug conspiracy, or you can shed light on who actually planned a fraud scheme. From the prosecutor’s viewpoint, this kind of cooperation can be more valuable than simply seeking a conviction.
A proffer session also lets prosecutors judge your credibility. If you’re consistent and honest, they might be more inclined to reduce charges or recommend a lesser sentence. If you’re not forthright, you could face additional charges for making false statements under 18 U.S.C. § 1001. Our job at Spodek Law Group is to help you figure out whether talking to the government is worth it in the first place.
Federal vs. State Charges: Can You Face Both?
Clients often ask: “What if I already have state charges for the same conduct? Can the feds come after me too?” Under the “dual sovereignty” doctrine, the federal government and each state are considered separate sovereigns. Double jeopardy rules under the Fifth Amendment prevent multiple prosecutions by the same sovereign for the same offense, but if both state and federal laws were violated, you could theoretically be prosecuted in both courts.
This matters when you’re considering a proffer agreement because the information you provide to federal authorities might also be relevant to state prosecutors. Our attorneys assess this risk in every part of your case, so you’re not caught off guard. We focus on reducing your exposure, not just at the federal level, but anywhere else a prosecution might arise.
Defense Strategies: Walking Through Real Scenarios
At Spodek Law Group, we have experience dealing with some of the toughest legal issues nationwide. We know that a single approach won’t work for everyone. Here are three potential scenarios to highlight how a proffer agreement might fit into different defense strategies.
Scenario 1: Alleged Wire Fraud (18 U.S.C. § 1343)
If you’re being investigated for wire fraud, the government probably has emails, phone records, or financial data. Maybe they believe you were part of an investment scam or an electronic communication scheme. A proffer agreement might let you provide details about the bigger operation or other people involved.
A key defense here could be showing that you didn’t plan any fraud or that you weren’t deeply involved in the scheme. If the evidence against you is already weak, it might not be in your best interest to share information. We carefully weigh all these factors before deciding on next steps.
Scenario 2: Federal Drug Conspiracy (21 U.S.C. § 846)
Drug conspiracy charges can involve mandatory minimums. Maybe you’re accused of financing a distribution ring or coordinating shipments. By entering a proffer agreement, you could offer information on the real organizers, which sometimes leads prosecutors to see you as a smaller player.
One defense might revolve around entrapment—if federal agents encouraged or pushed you into doing something you wouldn’t otherwise do. Or we might look closely at the legality of any searches or seizures. If those were improper, the evidence could be suppressed. Our approach depends on the strength of the government’s evidence and whether cooperation can genuinely help you.
Scenario 3: Federal Bribery (18 U.S.C. § 201)
If you’re accused of paying a bribe to a government official, the prosecution may point to documented transactions or messages suggesting an improper exchange. A proffer agreement might allow you to clarify how things happened, which can be crucial if events were misunderstood or if someone else requested money first.
Possible defenses include lack of intent to commit a crime or a misunderstanding of events. Did you think you were paying a legitimate fee? Was a government informant influencing you? If we show you didn’t start or plan any bribe, then your liability might be a lot lower. Whether proffering helps depends on how it affects your legal position.
Potential Penalties and Sentencing Guidelines
Federal convictions often result in significant prison sentences, heavy fines, the government taking your property, and long-lasting effects on your record. The exact penalty depends on factors like your offense level under the Federal Sentencing Guidelines and whether there’s a mandatory minimum.
A key reason defendants consider a proffer agreement is the chance for a “substantial assistance” motion under U.S.S.G. §5K1.1. If the government believes your information was vital to other prosecutions, it might recommend a sentence below the normal guidelines. However, that recommendation is never guaranteed, and the final decision still rests with the judge.
Table: Common Federal Charges and Their Maximum Penalties
| Charge | Statute | Max Penalty | Potential Defense |
|---|---|---|---|
| Wire Fraud | 18 U.S.C. § 1343 | Up to 20 years in prison | Insufficient evidence, no plan to commit fraud |
| Drug Conspiracy | 21 U.S.C. § 846 | Up to life (depending on the substance) | Entrapment, illegal search/seizure |
| Federal Bribery | 18 U.S.C. § 201 | Up to 15 years in prison | Lack of intent to commit a crime, entrapment |
Keep in mind your actual sentence depends on many variables, like loss amounts, number of victims, and your criminal history.
Why Timing Matters
When you proffer—and whether you do it before or after indictment—can seriously affect its usefulness. If the government still needs your information to build a case against others, you might have stronger leverage. On the other hand, cooperating too early, without knowing all the facts, could backfire if it turns out the government’s case against you isn’t as strong as they claim.
We’ll evaluate the timing carefully. That means carefully reviewing the evidence against you, talking to potential witnesses, and checking for any procedural errors in how the government gathered information. We want to be sure you’re making the best possible choice if you decide to talk with prosecutors.
Practical Tips for Anyone Facing a Federal Investigation
- Consult an Attorney Before Talking: Anything you say—even casually—might be used against you later.
- Bring All Relevant Documents: Show your attorney the full picture, so we can properly assess your situation.
- Be Honest with Your Lawyer: We can only help you if we know the facts. Hiding details could hurt your defense strategy.
- Ask Questions: During your initial consultation, ask about potential defenses, likely outcomes, and the specific risks involved.
- Don’t Assume a Proffer Is Always the Answer: Cooperation might help, but it’s not always the best move if the evidence against you is weak or if you give up more than you get in return.
How Spodek Law Group Can Help
At Spodek Law Group, we have a simple belief: criminal defense lawyers should only take on clients who they can help. Many law firms act like mills, taking every case without considering whether they can really offer meaningful assistance. That’s not who we are.
We focus on providing the best possible customer service, leveraging decades of experience, and using the resources we’ve built over many years of practicing law. We’ve handled high-profile cases like Anna Sorokin—also known as Anna Delvey—and many other federal matters that captured national attention. Spodek Law Group’s representation of client Anna Delvey was showcased in a Netflix series, directed by Shonda Rhimes.
Our approach:
- Nationwide Reach: We can handle cases across the country.
- Online Dashboard: You can see updates, upload documents, and communicate with us directly.
- 24/7 Availability: We know emergencies can happen anytime. We’re here when you need us.
- Straightforward Billing: We discuss fees up front. No surprises, ever.
Final Thoughts on Proffer Agreements
If you’re reading this, you’re likely worried about your future and how a federal investigation might change your life. We understand that fear. A proffer agreement can be a powerful way to lower your risk, especially if you have useful information to share. We want to emphasize it is not a guaranteed solution. You need to consider the risk of self-incrimination, the possibility of parallel state charges, and whether you have actual, helpful details for the government.
Our job at Spodek Law Group is to help you figure out the right plan—whether that’s cooperating fully, challenging the government’s evidence, or using a balanced strategy that involves partial cooperation. We’ll work with you at every stage, from the initial consultation to the final resolution, to make sure you have the best possible legal representation.