Proffer agreement explained

In U.S. criminal law, a proffer agreement, proffer letter, proffer, or "Queen for a Day" letter is a written agreement between a prosecutor and a defendant or prospective witness that 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 a proffer 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 as video 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

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

Examples of proffer agreements include:

• According to the New York Times, Rudy Giuliani made a proffer agreement with U.S. federal prosecutors in 2023^[7]
• Kenneth Chesebro made a proffer agreement with prosecutors in the state of Georgia in 2023 in relation to the Georgia election racketeering prosecution.^[8] Jenna Ellis and Sidney Powell made proffer videos in the same case.
• Duane 'Keefe D' Davis made a proffer agreement in 2009 in regard to the death of Tupac Shakur^[9]
• Joran Van Der Sloot admitted in a proffer letter to killing Natalee Holloway in 2005 as part of a plea deal relating to charges of wire fraud and extortion against Beth Holloway.

See also

• Witness immunity

Notes and References

1. Richard M. Phillips, The Securities Enforcement Manual: Tactics and Strategies, American Bar Association, 2007, p. 440
2. Web site: 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 . 29 October 2023 . cadwalader.com.
3. Web site: Rubin . 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 . 2023-11-16 . ABC News . en.
4. Web site: Proffer Agreement . 2024-04-14 . federalcriminaldefenseadvocates.com.
5. Web site: Santos . Michael . 2021-11-04 . Can A Proffer Agreement Be Used Against You? . 2024-04-14 . Prison Professors . en-US.
6. Web site: 2023-05-30 . Understanding The Risks Of Proffers . 2024-04-14 . Law Office of Joseph Abrams . en-US.
7. News: Katzberg . Robert . 2023-06-29 . Does Rudy Giuliani’s “Proffer” Mean He’s About to Flip Against Trump? . en-US . Slate . 2023-10-21 . 1091-2339.
8. Web site: Sheth . Sonam . 2 of Trump's co-defendants pushed for speedy trials in Georgia. Now both have turned against him. . 2023-10-21 . Business Insider . en-US.
9. Web site: 2023-10-06 . Deal made between California authorities and 'Keefe D' could affect prosecution in Tupac case . 2023-10-21 . Channel 13 Las Vegas News KTNV . en.