If you are under investigation for or are charged with a federal criminal or white-collar offense, you will often receive an invitation to meet with the prosecutor in your case. This can take two forms, a “proffer session” or a “reverse proffer session.”
A proffer session is a meeting between you, your attorney, the prosecutor in your case, and law enforcement agents. The meeting is governed by rules established in a written agreement called a “proffer letter.” It allows you to participate in the meeting without having what you say being used against you later in the prosecutor’s case at trial. However, a key exception to this rule is that if you provide information in the proffer session that is inconsistent with what is later provided by you in a trial in the form of either testimony by you or a witness that your attorney calls to testify, then what you say during the proffer session can be used against you.