Written by the lawyers who fight these cases.
Target letters, subpoenas, proffers, sentencing - practical answers for people actively facing these decisions, published from the defense desk.
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Featured · Uncategorized
DOJ Target Letters
Read the article: DOJ Target LettersYou received a target letter from the U.S. Attorney’s office. You’re freaked out. You Googled “What should I do if I received a target letter?” and you’re now…
FIG. - THE DEFENSE DESK
Latest from the desk.
Federal · White collar · Process
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Proffer Sessions with the FBI vs. the U.S. Attorney's Office
Read →: Proffer Sessions with the FBI vs. the U.S. Attorney's OfficeThe proffer session at the United States Attorney's Office and the interview conducted by FBI agents are not the same event, though…
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Can I Cooperate Before Being Charged with a Crime?
Read →: Can I Cooperate Before Being Charged with a Crime?Cooperation with the government before criminal charges are filed is not merely possible. It is, in the right circumstances, the single most…
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What Documents Should I Bring to a Proffer Session?
Read →: What Documents Should I Bring to a Proffer Session?The documents you select for a proffer session matter less than most defendants believe, and more than most attorneys will admit. The…
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How Many Proffer Sessions Will I Have to Attend?
Read →: How Many Proffer Sessions Will I Have to Attend?The Number No One Can Give You The number of proffer sessions a person will attend in a federal case cannot be…
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Pre-Indictment Proffer vs. Post-Indictment Proffer: Which Is Better?
Read →: Pre-Indictment Proffer vs. Post-Indictment Proffer: Which Is Better?The pre-indictment proffer is not the safer option. It is the option with a different set of consequences, and the distinction between…
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How Federal Cooperation Works: Step-By-Step Guide
Read →: How Federal Cooperation Works: Step-By-Step GuideCooperation is not a defense strategy. It is a transaction, conducted under conditions that favor the government at every stage, and the…
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Cooperation in Multi-Defendant Federal Cases: Strategy Considerations
Read →: Cooperation in Multi-Defendant Federal Cases: Strategy ConsiderationsThe decision to cooperate is not, in any meaningful sense, a legal question. It is a question of sequence: who moves first,…
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Cooperation vs. Going to Trial: How to Decide
Read →: Cooperation vs. Going to Trial: How to DecideThe decision to cooperate or proceed to trial is not, in most federal cases, a question of innocence. It is a question…
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Is Cooperation Worth It If I'm Facing Mandatory Minimums?
Read →: Is Cooperation Worth It If I'm Facing Mandatory Minimums?Cooperation is the most consequential decision a federal defendant will make, and it is almost always made with incomplete information. The question…
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When You Should NOT Enter a Proffer Agreement
Read →: When You Should NOT Enter a Proffer AgreementThe Proffer You Should Not Have Taken The proffer session that destroys a defense is not the one where the client lies.…
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When Cooperation Makes Sense in a Federal Case
Read →: When Cooperation Makes Sense in a Federal CaseCooperation in a federal case is not a moral concession. It is a transaction, and like all transactions, it has terms that…
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Can I Withdraw from a Proffer Agreement?
Read →: Can I Withdraw from a Proffer Agreement?The Short Answer You can withdraw from a proffer agreement. You can stop the session, instruct your attorney to end the meeting,…
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