Federal Proffer Agreements and Plea Negotiations in Multi-Defendant Cases

The federal criminal justice system is extremely complex both legally and procedurally. In multi-defendant cases, especially those involving fraud, including wire fraud, the intricacies of plea negotiations and proffer agreements can significantly impact the outcomes for all defendants.

Plea negotiations are a critical phase in the federal criminal justice process, often leading to the resolution of cases before trial. These negotiations involve discussions between prosecutors and defense attorneys, with the goal of reaching a mutually acceptable plea agreement, and there are several steps involved in the process.

Initial Assessment: First, defense attorneys review the evidence against their clients and assess the strengths and weaknesses of the government’s case.

Proffer Sessions: In cases where defendants have valuable information to offer, proffer sessions may be arranged. These sessions allow defendants to provide information in exchange for potential benefits, including immunity, reduced charges, or more favorable sentencing recommendations.

Negotiations: After the proffer session, prosecutors and defense attorneys engage in negotiations to determine the terms of the plea agreement.

Plea Agreement: Finally, once both parties reach a consensus, a formal plea agreement is drafted. The defendant typically pleads guilty to specific charges in open court in which the defendant acknowledges their guilt, and the agreement is submitted to the court for approval.

A proffer agreement is a legally binding contract between federal prosecutors and a criminal defendant. This agreement allows the defendant to provide information to the government without the risk of the information being used against them in subsequent criminal proceedings, provided they comply with the terms of the agreement. Where there are multiple defendants involved in a federal indictment, some defendants in multi-defendant cases, such as multi-defendant fraud schemes, may have information about the activities of co-defendants, which incentivizes cooperation and can lead to proffer agreements that benefit both the defendant and the government.

Immunity from Use: The central component of a proffer agreement is the promise that any information or statements provided by the defendant during the proffer session will not be used against the defendant in court, except in cases of perjury, false statements, or breaches of the agreement.

Full Disclosure: The defendant is expected to provide complete and truthful information about their knowledge of criminal activities, including their own involvement and the involvement of others.

Limited Scope: Proffer agreements are generally limited in scope to the specific matters discussed during the proffer session.

For federal criminal defendants, especially in multi-defendant cases, a proffer agreement can offer several significant advantages.

Immunity from Prosecution: The most significant benefit is the assurance that the information provided during the proffer session will not be used against the defendant in subsequent criminal proceedings. This can advantage both the defendant, who is incentivized to be forthcoming, and the government, who will get more valuable and truthful information from a defendant who does not fear future prosecution.

Negotiating Leverage: Information provided in a proffer can give the defendant leverage during plea negotiations and prosecutors may be more inclined to offer favorable plea deals or sentencing recommendations in exchange for the defendant's cooperation.

Reduced Charges and Sentences: Depending on the nature and quality of the information provided, defendants may receive reduced charges or more lenient sentences as part of the plea agreement.

In multi-defendant cases in federal court, plea negotiations and proffer agreements play a crucial role in achieving resolutions that are fair. If you are facing charges for a federal offense, it is absolutely critical that you discuss your case with an experienced criminal defense attorney. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles criminal defense attorney Michael Kraut has extensive experience in federal court with a track record of favorable results for his clients, many of whom avoid custody time altogether.

For more information about the criminal justice process, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.