Understanding the Risks and Rewards of Cooperation
If you’ve been accused of business fraud—or are under federal investigation—you may be offered something called a proffer agreement. Prosecutors might refer to it as a “queen for a day” deal, presenting it as a low-risk opportunity to explain your side of the story. But here’s the truth: a proffer can be a strategic tool—or a trap.
At Simmons & Wagner, we’ve been on both sides of the table. As former Orange County District Attorneys, we know how prosecutors use proffer sessions to build leverage—and how a well-timed proffer can either protect your freedom or compromise your future.
This blog breaks down what a proffer agreement is, how it works, and when it may or may not be in your best interest to cooperate.
What Is a Proffer Agreement?
A proffer agreement is a written deal between a defendant (or potential defendant) and the government, allowing them to speak openly about their involvement in a crime or investigation without having those specific statements used against them directly in court.
In theory, it allows for:
- Honest communication between the parties
- Potential plea negotiations
- Reduced charges or leniency
- A chance to shift from target to cooperating witness
But proffers come with serious risks—and they are not immunity agreements.
What Prosecutors Get from a Proffer
From a prosecutor’s perspective, a proffer session is a valuable intelligence-gathering opportunity. It allows them to:
- Assess your credibility
- Lock in your version of events
- Gather information about co-defendants, partners, or schemes
- Use your statements to guide further investigation
- Create leverage for future negotiations
Even if they can’t use your words directly, they may use the information you give them to find independent evidence that can be used in court.
What You Risk in a Proffer Agreement
While the government agrees not to use your exact statements against you in its case-in-chief, they can:
- Use your statements to follow leads and find new evidence
- Introduce your statements at trial if you testify inconsistently
- Use your statements to impeach you or rebut your defense
- Share your statements with other agencies or co-defendants’ attorneys in multi-party cases
In short, a proffer won’t protect you from prosecution. It’s not immunity—it’s strategy.
When a Proffer May Be the Right Move
There are limited situations where a well-negotiated proffer agreement may benefit your case:
- You have valuable information about others the government is pursuing
- You want to initiate plea negotiations
- You’re aiming to reduce sentencing exposure
- You may be eligible for a Deferred Prosecution Agreement (DPA)
- You’ve been misunderstood or wrongly accused and can offer full clarification
But even in those cases, you should never walk into a proffer session without thorough legal preparation and experienced counsel by your side.
How Simmons & Wagner Protect Clients During Proffer Talks
At Simmons & Wagner, we approach proffers with extreme caution—and only after:
- Reviewing every piece of discovery and evidence
- Determining your status (target, subject, or witness)
- Identifying whether the government has leverage or is fishing for information
- Negotiating the narrowest and most protective proffer terms possible
- Preparing you thoroughly so you know what to say, what not to say, and how to say it
If a proffer is too risky, we pursue other routes: pre-charge resolutions, suppression strategies, or trial defense. If cooperation is strategically beneficial, we make sure it’s on your terms—not the government’s.
Bottom Line: Don’t Be Lured by a “Friendly” Deal
Prosecutors may frame a proffer session as a chance to “clear things up” or “help yourself,” but without experienced legal representation, you may be stepping into an irreversible mistake.
A proffer can be powerful—but it can also be fatal to your defense if mishandled.
Contact Simmons & Wagner Before You Say a Word
If federal agents have approached you, received a proffer letter, or are considering cooperating in a business fraud case, contact Simmons & Wagner before speaking. As seasoned business fraud defense attorneys and former prosecutors, we know exactly how to guide these negotiations—and when to walk away.
Your future may hinge on one conversation. Make sure we’re in the room with you.