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Proffer Agreement
Practical Law Glossary Item w-001-3967 (Approx. 3 pages)
Glossary
Proffer Agreement
Also known as proffer letter, proffer, or queen for a day agreement. A written contract between the government and an individual, providing that the government attorneys may not use any statements the individual makes during an off-the-record interview (also known as proffer session) against the individual in later proceedings.
While the proffer agreement prohibits the government from using statements a person made during a proffer session in later proceedings against the individual, the government usually retains the ability to:
- Use the statements as sources of leads to discover additional evidence.
- Use the statements for impeachment or rebuttal purposes if the person testifies or argues inconsistently in later proceedings.
- Share information the proferring person provides with other governmental agencies.
- Prosecute the individual criminally or share the information with appropriate criminal authorities, for:
- perjury;
- making a false statement; or
- obstruction of justice.
The US Attorney's offices around the country use similar, but not identical, proffer agreements.
The SEC uses a standard proffer agreement (SEC Enforcement Manual § 3.3.7.).