Attorney Sarah Smith explains the usual proffer process.

[pnwmom]

This is in connection with Manafort, who is believed to have offered proffers to the Feds.

The tweet here is the first of many. Click on the tweet to read the rest.

Link to tweet

[canetoad]

1. Reading anything of substance

on Twitter makes my eyes glaze over. Here is the full thread, de-twittered.

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First, let me begin by saying in 20 yrs bf I got sick, I handled MANY fed cases & (flip side) worked w Fed prosecutors/DOJ corruption unit in my other capacity regulating lobbyists. How fed cases work is feds will give target/person of interest opportunity to give a proffer statement.

A proffer is where the target comes in (either pre-charging or post-charging), with counsel, and discusses the issues of interest to the feds. It is an opportunity to test the veracity of the target. (Aside: I NEVER allowed for my clients to proffer pre-charging). That said, many targets think they are smarter than feds & view a pre-charge proffer as an opportunity to see what likes the feds have, or to feign innocence.

Often times, an individual may proffer and it reveals new information to the feds, who would then obtain a search warrant on that new info--to extent the target has not accepted a plea bargain. Yes, those in proffer stage OFTEN end up w search warrants executed upon them, ESPECIALLY if proffer process stalled or has tanked completely. The feds will not be manipulated.

Again, that one proffers does not mean he is a "cooperating witness". It merely means a dialogue began between a target & the feds. One last point: my longest proffer w a client lasted 88 hours. We met w AUSA 14 times over 3-month period. My shortest was an hour.

All proffers differ, but all share this commonality: once dialogue b/t Target & feds disintegrated, it won't be repaired. I recall a few cases where proffers went south & all hell broke loose: warrants, family members of Target pursued (if involved), asset seizures, etc.

[pnwmom]

2. Thanks, canetoad!