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Considering Cooperation When You’re a Target (5K1 Motion)

When the FBI approaches, one of their first questions often is, “Is there anything you’d like to tell us?” This is not just a question—it’s an opportunity.

If you’re a target of a federal investigation, you’ll likely face a critical decision early in the process: whether to cooperate with authorities.

Cooperation, while stressful, can help you significantly, often leading to reduced sentences through what’s known as a 5K1 motion. A 5K1 motion is a recommendation filed by the government to the court, acknowledging that the defendant has provided substantial assistance in investigating or prosecuting other offenders. This motion allows the judge to impose a sentence below the federal guideline range.

Providing valuable information early helps the government catch more cases and bring more people to justice, and it helps government attorneys advance their careers.

Many people involved in high-profile cases rationalize their actions, blaming circumstances or the influence of others. They may delay taking responsibility, only to regret it later. In contrast, those who cooperate often avoid harsher sentences, rebuild credibility faster, and show the court they are different from the government’s version of events.

If you are a target, weigh your options carefully. Consider how cooperating might impact your sentence. Those who act decisively—whether through cooperating or taking other proactive steps—are often in the best position to move forward with fewer regrets and, in so doing, get a shorter sentence.

Questions? Join our weekly webinar.

Justin Paperny

Read Our New York Times Article

And Lessons From Prison, Free!

Expert Strategies for Excelling in Government Investigations

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