A proffer agreement is a written contract between a federal prosecutor and a defendant or someone under a criminal investigation, where the defendant agrees to provide the prosecutor with useful information. The agreement assures the defendant that their statements wont be used against them later in a criminal proceeding. During a proffer session or interview, the defendant or suspect meets with the government, usually at the local U.S. Attorneys Office. The defendant can disclose everything they know about the investigation to federal prosecutors and law enforcement agents with the assurance that their words won’t be used against them in the future.
Most proffer agreements allow the prosecutor to introduce statements that were made during plea negotiations if a defendants testimony was not consistent with their statements, or if the defense lawyer attempts to challenge evidence that contradicts their statements. In other words, the statements will be used to impeach the defendant. A proffer agreement is frequently an opportunity for a cooperating defendant or suspect to be eligible for a favorable sentencing recommendation.
