Our team has had countless conversations with people who are preparing for—or have already sat through—a proffer session with the government. These sessions are often described as an opportunity to “tell your story” or “cooperate,” but the truth is, during a proffer, the stakes are high, and every word matters. And sometimes during a proffer, what you don’t say can matter even more.

Someone in our community recently went through a proffer session. He was honest—or at least believed he was. He didn’t lie, didn’t fabricate, and didn’t intentionally mislead anyone. Yet, the government came away from that meeting with serious concerns. Why? Because they believe he omitted information.

Let me break this down with an analogy I often use.

If I ask you, “What did you have for lunch?” and you say, “I had a cheeseburger,” you’ve told the truth. But if you also had fries and a Sprite and chose not to mention those, the government sees it differently. From their perspective, you’ve told a partial truth—a selective truth—which, in their eyes, is no different than a lie. They’ll say you lied through omission.

That may seem like an overreaction. It may feel unfair. But it’s how this system works. When you sit for a proffer, the government expects full, honest, and complete disclosure. This isn’t about just answering the questions asked—it’s about anticipating what’s material and relevant, and volunteering that information before it has to be pulled out of you. That’s a very high standard, and it’s why so many people get tripped up during proffers without ever meaning to.

The prosecutors and agents you’re meeting with don’t expect perfection, but they do expect transparency. They’re trained to look for red flags. If they find out later that you left something out—whether it’s a bank account, a phone call, a business associate, or even a comment you made in passing—it can be interpreted as a lack of candor. And once they believe you’re not being fully candid, trust erodes. That trust is the foundation of any cooperation agreement or sentencing recommendation. Without it, the consequences can escalate quickly.

Here’s the most important point I can make: Intent doesn’t always matter. Even if you didn’t mean to omit something, the government may still treat it as a deliberate act. And that can kill any potential deal, trigger sentencing enhancements, or even lead to new charges.

So what’s the takeaway?

If you’re preparing for a proffer, don’t do it alone. Preparation is everything. The government is listening closely—not just to what you say, but to what you leave out. That’s why I work closely with clients to anticipate every angle, every detail, and every possible interpretation of their story. It’s not enough to be honest—you have to be thorough, thoughtful, and strategic.

A proffer is not a casual meeting. It’s a test. And you only get one shot to pass it.

If you’re facing this situation, I encourage you to reach out. Whether you join one of our webinars or schedule a personal call, we’re here to help you prepare and preserve the opportunity for a better outcome.

Justin Paperny