If you’re under federal investigation, a proffer session—also known as a “Queen for a Day” agreement—can look like a lifeline. It’s a chance to speak openly with the government, share your side of the story, and potentially receive a reduced sentence in exchange for cooperation.
But here’s the truth: proffer agreements come with serious risks, and one misstep can ruin your chances of a favorable outcome.
What Is a Proffer Session?
A proffer session allows a federal defendant to speak with prosecutors and agents about their involvement in a crime. The goal is to help the government build its case, often in return for leniency in plea negotiations or at sentencing.
However, failing to be fully honest or strategic during this process can backfire—badly.
Real Case Study: How One Client Lost a Five-Year Plea Deal
One of our clients—a financial professional—was invited to multiple proffer meetings with federal agents and an Assistant U.S. Attorney. He hoped to secure a deal that would reduce his sentence.
But he made a critical mistake.
During the proffer, he withheld key details, minimized his actions, and failed to take full responsibility. The government viewed this as dishonest and revoked its initial plea offer, which had included a sentence recommendation of just over five years.
Soon after, he was arrested and presented with a new plea agreement—with a guideline sentence exceeding 10 years.
Why Telling the Truth During a Proffer Is Non-Negotiable
Federal prosecutors expect full transparency. Anything less can destroy credibility and cooperation opportunities.
Here are three critical lessons for anyone facing a proffer:
1. Be Completely Honest
Federal agents likely already know the details of your case. They’re testing whether you’ll be truthful. Half-truths, lies, and omissions can cost you the deal.
2. Take Full Responsibility
Judges and prosecutors are more likely to offer leniency to defendants who own their actions and express sincere remorse.
3. Consider the Benefits of Cooperation
If you provide substantial assistance truthfully, you may qualify for a 5K1.1 motion, allowing the judge to depart downward from the sentencing guidelines.
My Personal Experience with a Federal Proffer
When the FBI informed me I was being charged with securities fraud, I quickly retained counsel and prepared for a proffer session. My attorney emphasized that the government likely already knew the answers to many of its questions.
I followed that advice, accepted responsibility, and cooperated in good faith.
That decision—and the way I conducted myself—played a huge role in my sentence: I received one year of home confinement, despite guideline recommendations of 78 to 97 months.
Final Thoughts: Treat Proffers with Caution and Preparation
A federal proffer agreement can be a powerful tool—but only when approached with honesty, legal guidance, and a smart strategy. One mistake can cost you years of freedom.
If you’re under investigation and considering a proffer, get experienced support. Your future depends on it.
