The cooperation process in most federal white collar criminal cases starts with an attorney proffer. Typically counsel for a potential witness meets with the prosecutors, either in person or telephonically, to provide a preview of what the lawyer “hypothetically” anticipates his or her client would say about the conduct at issue.

In some exigent situations, the government may ask for an attorney proffer to be provided even though defense counsel has not necessarily had an opportunity to fully debrief the client.

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