Can a Proffer Help Minimize a Prison Sentence?

Описание: Can a Proffer Help Minimize a Prison Sentence?
   • Can a Proffer Help Minimize a Prison Sente...  

Justin Paperny interviews former U.S. Attorney and criminal defense attorney, David Rosenfield, of Herrick, Feinstein LLP, on the pros of cons of a white collar defendant sitting for a proffer session with the United States Attorneys Office. Further, Justin and David discuss how a proffer could help minimize a prison sentence.

David Rosenfield can be reached at: 212-592-1513
http://www.herrick.com/david-m-rosenf...

Justin Paperny can be reached at 818-424-2220

Justin Paperny: Hi. This is Justin Paperny and I am pleased to welcome my college and friend David Rosenfield. David was a US attorney for more than 12 years. He was a white collar defence attorney with Herrrick Feinstein for more than 12 years. And there is so much we can cover today with respect to how white collar defence attorney can help you, but we are going to focus on proffers. And I wanted to do this video in part because I received a call from a defendant who had a proffer session and he said “Justin, I’ve been watching your videos. I wasn’t prepared for the proffer. It went horribly. The US attorney thought I was sort of some smug, arrogant guy. That wasn’t me. I just didn’t know what to expect, so I immediately got on the phone with David. I wanted to get his advice. Quick disclosure- it’s impossible to cover everything in a 10 of 12 minute video on a proffer. We could write a book about it. Okay, so for those of you that want more information I’m going to put up David’s phone number, a link to his bio, his email. You can get in touch with him or me. We’ll make it happen. So, I want to do an overview of a proffer today by starting off by saying David welcome. And what is a proffer agreement for a white collar defendant who’s potentially in an investigation?
[Minimize a prison sentence]
David Rosenfield: Well, what a proffer agreement is it’s an agreement between a client- a potential defendant and the government, whereby the client agrees to meet with and speak to prosecutors about facts that are relevant to an investigation and that client’s potential participation in criminal activity. They’re written. Almost always are written proffer agreement that are signed by both the government, by the client and the client’s attorney. But, the proffer session itself is essentially an interview.
Justin Paperny: And, the interview is probably, is it going to take place before someone might plead guilty earlier in the investigation? When is it an ideal time potentially for a proffer? Walk us through that timeline as it could exist.

[Minimize a prison sentence]
David Rosenfield: The best time is early in the investigation. Let’s say the government comes and visits you, the FBI guys visit you and they want to talk to you about your involvement in a case and you say well I want to cooperate, but I want to talk to my attorney. You meet your attorney and the first things the attorney may do is set up a proffer session after preparing you for that proffer session.

[Minimize a prison sentence]
Justin Paperny: So, let’s walk through some of the pros and cons of a proffer. Clearly this gentleman who reached out to me the con was when poorly; they didn’t get a real appreciation for either his contrition or remorse and I’m not sure how openly he worked with them or how well he prepared.

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