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.