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The CFTC proffer is essentially known as queen for a day. This is an agreement between attorneys and individuals under investigation. It allows you to tell the CFTC what you know, with protection in later proceedings. Attorney proffers are different and occur when an attorney talks to the government without the client being present.
It is common for an attorney proffer to occur before a client proffer occurs. This allows the government to learn about what the client knows, and will say, without having to negotiate immunity and other information. Attorney proffers are good because they give the attorney and opportunity to influence what the government thinks about the client, and increases the value of the client in the eyes of the prosecutor. CFTC attorney proffers have risks, and the biggest is that what you tell the government – can cause the government to expand the investigation. Government investigations are confidential, and if you over-inform and expand the investigation – you may not even know until it’s too late.
If you’re facing an investigation by the CFTC – we encourage contacting our law firm. During an investigation, prosecutors like using proffer letters to get info from people under investigation, or who are witnesses to crimes. An attorney proffer is something which can help you get preferential treatment if done correctly. Over 95% of people who get charged with a crime get convicted. 90% of people resolve their case with a plea agreement. The government wins most trials, and that’s why many people who are charged with a crime make a deal. Sometimes, the person who makes the deal the fastest – gets the best deal. As a result, engaging in an attorney proffer agreement can be helpful – if you’re the first person to do it.
One of the drawbacks of an attorney proffer is that you’re telling the government things that aren’t necessarily true. You’re exposing yourself to pressure because if the government doesn’t believe you – they can charge you with false statements. Engaging in an unsuccessful interview can create additional crimes if you are giving false statements.
When you engage in a CFTC proffer agreement, it means you can’ be prosecuted for the “item,” you are providing information for. It doesn’t prohibit the government from charging you with OTHER ADDITIONAL crimes it discovers that you committed.