Introduction

You’ve already had your proffer session. You weren’t fully prepared. You might have undersold your role, gotten defensive, offered vague answers, or simply didn’t understand the stakes. Now you’re wondering: Did I make things worse? Can I fix it?

The short answer: Yes—you can recover.

At White Collar Advice, we’ve worked with many people who had regrets about their proffer session. Some walked in unprepared. Others relied entirely on their legal team. A few thought “just telling the truth” was enough. The good news is that sentencing is still ahead—and there’s time to take control of your narrative.

First, Understand the Impact of a Poorly Executed Proffer

If the government walked away from your proffer session unimpressed or skeptical, that doesn’t mean your case is doomed. But you need to understand what may have gone wrong:

• Lack of detail may have suggested dishonesty or minimization.
• Defensiveness or blame may have undermined credibility.
• Contradictions may have raised red flags.

Prosecutors, agents, and probation officers remember tone and attitude. If the government believes you weren’t forthcoming, they may:

• Oppose a 5K1.1 motion (even if you cooperated)
• Oppose a downward variance at sentencing
• Argue that you haven’t truly accepted responsibility

The sooner you acknowledge these issues, the sooner you can start to fix them.

What You Can Do Now to Recover

1. Take Ownership—Don’t Pretend It Went Well

The biggest mistake is pretending your proffer went fine when it didn’t. If you feel it missed the mark, say so—privately with your lawyer and your team. Owning that fact is the first step to rebuilding credibility.

2. Shift to Sentencing Mitigation Immediately

Whether your cooperation paid off or not, you still have one more chance to influence the outcome: sentencing. This is where you need to:

• Build your narrative
• Show measurable change
• Demonstrate remorse through action

Use every week before sentencing to document:

• Volunteer work
• Restitution payments
• Letters of support
• Personal development or educational efforts

3. Clarify and Expand What the Government May Have Missed

If your proffer left gaps or confusion, work with your attorney to submit a supplemental statement or additional documentation. This is not a do-over—but it can help reinforce key facts, clarify intent, and clean up contradictions.

4. Reframe Your Proffer at Sentencing

If you believe your proffer didn’t reflect your true character or intentions, you can address that at sentencing—without sounding like you’re making excuses.

Example: “When I sat for my proffer, I was overwhelmed and unprepared. I hadn’t fully come to terms with what I had done. Since then, I’ve taken steps to understand the impact of my actions and hold myself accountable. I’ve spent the past several months trying to live differently, and I hope the Court sees that effort.”

Judges like Federal Judge Stephen Bough have told us they respond to this kind of humility and clarity.

Learn from David Moulder: The Proffer Wasn’t Everything

David Moulder didn’t rely on a perfect proffer session. He relied on action. The government labeled him a “kingpin,” and he still avoided prison because he owned his story and built a record of change.

“No one else could tell my story for me. If I wanted the judge to see who I really was, I had to take ownership, lead the process, and prove that I was more than my worst decisions.”

His outcome proves this: Even if the proffer wasn’t perfect, mitigation can carry the day.

The Role of the Presentence Investigation Report (PSR)

Don’t forget: the probation officer who writes your PSR likely wasn’t in the proffer room. They will form their opinion based on:

• What you say during the PSR interview
• How you explain your role
• What your conduct looks like since the plea

Prepare for that meeting as if it’s a second chance to get it right—because it is.

Our Pre-Suasion Webinar covers how to frame your narrative with the probation officer in a way that compels them to recommend a shorter rather than longer federal prison sentence.

Final Thoughts: Regret is Not a Strategy—Action Is

Yes, your proffer could have gone better. But you still have time. Sentencing is where your voice matters most. If you use these final weeks to tell your story, demonstrate character, and show you’re more than the government’s version of events—you can influence what happens next.

Don’t wait. Take ownership. And start rebuilding now.

Schedule a call or join our next webinar to learn how to recover—and win back credibility—before sentencing.

Justin Paperny