Whether you’ve been invited to a proffer or a reverse proffer, you’re entering an important conversation with the federal government. These meetings will influence your entire case—from cooperation and plea negotiations to sentencing and post-prison life. Yet too many defendants walk into them unprepared, reactive, or overly confident that good intentions alone will carry the day.
At White Collar Advice, we’ve helped people prepare for these sessions alongside their lawyers. We’ve seen firsthand what works, what backfires, and what can shift outcomes in the right direction. In this article, we’ll walk you through how to prepare for a proffer or reverse proffer session the right way—strategically, calmly, and with your long-term goals in mind.
Understanding the Stakes
A proffer session is when you speak, typically offering information to prosecutors in hopes of receiving consideration for cooperation. A reverse proffer is when the government speaks, showing you some of the evidence they’ve built to encourage a plea or cooperation.
While they are different in purpose, both are:
- Recorded or documented
- Carefully choreographed by prosecutors
- Opportunities to gain leverage—or lose it
Preparation is not optional—it’s essential.
Proffer Preparation: What to Expect and How to Get Ready
If you’re preparing for a proffer session (where you will speak):
1. Know the Scope in Advance
Your lawyer should work with the government to define:
- What topics will be covered
- Whether a written proffer agreement is in place
- How statements can be used against you if you lie or omit key facts
Never go into a proffer without clarity. Uncertainty = risk.
2. Work Through the Facts—And the Landmines
You must be prepared to:
- Recall details of your involvement
- Explain your role without downplaying or exaggerating
- Avoid speculating, guessing, or misleading
We help clients rehearse tough questions and review their timeline so that answers are clear, accurate, and truthful.
3. Build Credibility
Prosecutors value one thing above all else: credibility. If you come across as evasive or inconsistent, the session may backfire.
Remember what former FBI Agent Paul Bertrand told us: “If you lie in a proffer, agents don’t forget. They remember you as someone who wasted their time—and they’ll make that known at sentencing.”
Reverse Proffer Preparation: Don’t Just Watch—Listen Strategically
If you’re attending a reverse proffer (where the government presents their case):
1. Understand Their Goal
They want to:
- Convince you the case is strong
- Pressure you toward a plea or cooperation
But remember: you are not obligated to respond or agree on the spot. You’re there to gather information.
2. Stay Silent—Let Your Lawyer Handle It
We always advise clients: say nothing during a reverse proffer. Let your legal counsel ask any questions or clarify details. There is no upside to explaining your side in that room.
3. Use What You Learn to Make a Plan
What you hear may confirm what your lawyer already suspected—or it might reveal new weaknesses in the government’s case. Either way, use the meeting to make a strategic plan:
- Should you negotiate a plea?
- Does cooperation make sense?
- Should you start building a public narrative and mitigation package?
Common Mistakes to Avoid
Thinking It’s a Conversation
This isn’t a casual meeting. Every word, reaction, and piece of evidence is part of a calculated presentation. Treat it like a high-stakes job interview—with serious consequences.
Going in Cold
Never assume “you’ll just tell the truth” and everything will work out. Truth matters—but so does clarity, preparation, and strategy.
Minimizing Your Role
Trying to deflect or reduce your involvement can damage credibility. Judges and prosecutors don’t reward partial truths. They reward accountability.
How We Help People Prepare
Our team helps people prepare for proffers and reverse proffers by:
- Conducting mock sessions with former federal agents and prosecutors
- Reviewing timelines, transactions, and evidence
- Identifying narrative gaps or credibility risks
- Building a parallel mitigation plan that shows change, remorse, and accountability
We align everything with what Federal Judges Stephen Bough and Mark Bennett have told us they look for at sentencing: honesty, growth, and proof—not just promises.
Final Thoughts: Preparation = Leverage
Whether you’re talking to prosecutors or listening to them, how you show up in a proffer or reverse proffer can shape everything that comes next—from plea negotiations to sentencing outcomes.
This isn’t the time to wing it or rely on instinct. It’s the time to lead, prepare, and take ownership of the process.
Schedule a call with us or join our next webinar to learn exactly how to prepare.
Justin Paperny
