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U.S. v. Rivera, No. 12-CR-700 (JG) (E.D.N.Y.) (117 F.Supp.3d 172) (July 22, 2015) (Judge John Gleeson)

Article • April 11, 2016 • from P&J April, 2016

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Rivera, No. 12-CR-700 (JG) (E.D.N.Y.) (117 F.Supp.3d 172) (July 22, 2015) (Judge John Gleeson) by This decision is a great read for anyone who wants to find out about some of the tricks, traps and dangers of proffer agreements in general; but it is also an intriguing expose …

U.S. v. Oluwanisola, No. 08-4442-cr (2nd Cir.) (605 F.3d 124) (May 21, 2010) (Judge Rosemary S. Pooler)

Article • December 27, 2010 • from P&J December, 2010

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Oluwanisola, No. 08-4442-cr (2nd Cir.) (605 F.3d 124) (May 21, 2010) (Judge Rosemary S. Pooler) by Defendant's convictions for conspiring to import heroin into the U.S., conspiring to possess with intent to distribute heroin, and possessing heroin with intent to distribute are vacated where the district court erred …

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (440 F.Supp.2d 315) (July 25, 2006) (Judge Lewis A. Kaplan)

Article • September 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (440 F.Supp.2d 315) (July 25, 2006) (Judge Lewis A. Kaplan) by Defendants, nine accountants charged with defrauding the Internal Revenue Service by tax shelter sales that allegedly generated false tax losses for their firm's clients, moved to preclude the government from …

U.S. v. Parra, No. 02 CR. 348(PKL) (S.D.N.Y.) (302 F.3d 226) (January 21, 2004) (Judge Peter K. Leisure)

Article • April 1, 2004 • from P&J April, 2004

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Parra, No. 02 CR. 348(PKL) (S.D.N.Y.) (302 F.3d 226) (January 21, 2004) (Judge Peter K. Leisure) by The defendant in this case was charged with a conspiracy to distribute cocaine. On three separate occasions he met with prosecutors in proffer sessions, pursuant to a standard proffer agreement (which …

U.S. v. Velez, No. 02-1766 (2nd Cir.) (354 F.3d 190) (January 13, 2004) (Judge Jose A. Cabranes)

Article • January 1, 2004 • from P&J January, 2004

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Velez, No. 02-1766 (2nd Cir.) (354 F.3d 190) (January 13, 2004) (Judge Jose A. Cabranes) by This decision represents the latest rejection by the courts of the frequent challenges by criminal defendants to the admissibility and use at trial of statements made by such defendants during plea bargain …

U.S. v. Rebbe, No. 02-50073 (9th Cir.) (314 F.3d 402) (December 24, 2002) (Judge Dorothy Wright Nelson)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Rebbe, No. 02-50073 (9th Cir.) (314 F.3d 402) (December 24, 2002) (Judge Dorothy Wright Nelson) by Here the Court held that the admission into evidence of proffer statements during rebuttal was not erroneous where, even though the defendant did not testify, his defense was inconsistent with statements made …

U.S. v. Gonzalez, No. 01-11467 (5th Cir.) (309 F.3d 882) (October 14, 2002) (Judge Harold R. Jr. DeMoss)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Gonzalez, No. 01-11467 (5th Cir.) (309 F.3d 882) (October 14, 2002) (Judge Harold R. Jr. DeMoss) by The defendant in this case, Francisco Gonzalez, pled guilty to a drug conspiracy charge pursuant to a written plea agreement. As part of that agreement, Gonzalez agreed to cooperate with the …

U.S. v. Taylor, No. 00-30936 (5th Cir.) (277 F.3d 721) (December 21, 2001) (Judge Harold R. Jr. DeMoss)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Taylor, No. 00-30936 (5th Cir.) (277 F.3d 721) (December 21, 2001) (Judge Harold R. Jr. DeMoss) by This is a rare case in which the Court vacated a sentence on the grounds that the Government had failed to prove that statements made in the presentence report (PSR), and …

U.S. v. Pielago, No. 95-5405 (11th Cir.) (135 F.3d 703) (February 17, 1998) (Judge Edward E. Carnes)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Pielago, No. 95-5405 (11th Cir.) (135 F.3d 703) (February 17, 1998) (Judge Edward E. Carnes) by

U.S. v. Pielago, No. 95-5405 (11th Cir.) (135 F.3d 703) (February 17, 1998) (Judge Edward E. Carnes)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Pielago, No. 95-5405 (11th Cir.) (135 F.3d 703) (February 17, 1998) (Judge Edward E. Carnes) by A careful reading of this case will make any careful defense lawyer think twice about proffers: first about whether a client should even consider making a proffer; and, second, whether the traps …

U.S. v. Chiu, No. 96-50066 (9th Cir.) (109 F.3d 624) (March 25, 1997) (Judge Robert R. Beezer)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Chiu, No. 96-50066 (9th Cir.) (109 F.3d 624) (March 25, 1997) (Judge Robert R. Beezer) by This case points out another of the many traps in proffer agreements. The defendant signed a proffer agreement that contained a provision that appeared to offer him limited immunity for state ments …

U.S. v. Fagge, No. 96-1287, No. 498 (2nd Cir.) (101 F.3d 232) (November 25, 1996) (Judge Ralph K. Jr. Winter)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Proffer Agreements/Statements/Sessions

U.S. v. Fagge, No. 96-1287, No. 498 (2nd Cir.) (101 F.3d 232) (November 25, 1996) (Judge Ralph K. Jr. Winter) by In its efforts to induce defendants to "tell all", it has become a fairly common practice for the Government to offer a defendant a so-called "proffer agreement" in which …