PROFFER AGREEMENT
With respect to the meeting of "Cl ent") and his attorney,.
MI
at the
Esq., with Assistant United States Attorney
Office of the United States Attorney for the Southern Distri
o be held by video conference
of New York on October 7,
2020 ("the meeting"), the following understandings exist:
(I) THIS IS NOT A COOPERATION AGREEMEN F. The Client has agreed to
provide the Government with information, and to respond to que: Lions, so that the Government
may evaluate Client's information and responses in making prose( utive decisions. By receiving
Client's proffer, the Government does not agree to make a motion o 'the Client's behalf or to enter
into a cooperation agreement, plea agreement, immunity or non prosecution agreement. The
Government makes no representation about the likelihood that any uch agreement will be reached
in connection with this proffer.
(2) In any prosecution brought against Client by this Office except as provided below the
Government will not offer in evidence on its case-in-chief, or in c innection with any sentencing
proceeding for the purpose of determining an appropriate sentence, my statements made by Client
at the meeting, except (a) in a prosecution for false statements, of struction of justice or perjury
with itzpet.t to any acts committed or statements made during or tier the meeting or testimony
given after the meeting; or (b) if, at any time following the meet; ig, Client becomes a fugitive
from justice.
(3) Notwithstanding item (2) above: (a) the Government may use information derived
directly or indirectly from the meeting for the purpose of obtaining cads to other evidence, which
evidence may be used in any prosecution of Client by the Gover anent; (b) in any prosecution
brought against Client, the Government may use statements made t y Client at the meeting and all
evidence obtained directly or indirectly therefrom for the purpos( of cross-examination should
Client testify; and (c) the Government may also use statements ma le by Client at the meeting to
rebut any evidence or arguments offered by or on behalf of Client including arguments made or
issues raised sun sponte by the District Court) at any stage of the c iminal prosecution (including
bail, all phases of trial, and sentencing) in any prosecution brought 1gainst Client
(4) The Client understands and agrees that in the event thi Client seeks to qualify for a
reduction in sentence under Tide 18, United States Code, Se :tion 3553(f), United States
Sentencing Guidelines, Sections 2D1.1(b)(18) or 5C 1.2, or Fed. R. :rim. P. 35(b), the Office may
offer or use at any stage of the criminal proceeding any stateme it made by Client during the
meeting, and ail evidence obtained directly or indirectly therein m, to the extent such use is
consistent with Section 402 of the First Step Act of 2018.
(5) To the extent that the Government is entitled under this greement to offer in evidence
any statements made by Client or leads obtained therefrom, Client : hall assert no claim under the
United States Constitution, any statute, Rule 410 of the Federal Ri les of Evidence, or any other
federal rule that such statements or any leads therefrom should be ;uppressed. It is the intent of
this Agreement to waive all rights in the foregoing respects.
01 14.20'49
EFTA00015011
(6) If this Office receives a request from another pro: ecutor's office for access to
information obtained pursuant to this Proffer Agreement, this Office: may furnish such information
but will do so only on the condition that the requesting office honor the provisions of this
Agreement.
(7) It is further understood that this Agreement is limited to the statements made by Client
at the meeting and does not apply to any oral, written or recordec statements made by Client at
any other time. No understandings, promises, agreements and/or conditions have been entered
into with respect to the meeting other than those set forth in this Agreement and none will be
entered into unless in writing and signed by all parties.
(8) The understandings set forth in paragraphs 1 through 7 al ove extend to the continuation
of this meeting on the dates that appear below.
(9) Client and Attorney acknowledge that they have fully d scussed and understand every
paragraph and clause in this Agreement and the consequences then of.
Dated: New York, New York
AUDREY STE AUSS
Acting United ;rates Attorney for the
cnnthern Mr& ct of Nnw Vorl{
7a
Dates of Continuation Initials of cow set, Client, AlJSA, witness
1 027 202- 0
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EFTA00015012