EFTA00015011.pdf

PROFFER AGREEMENT With respect to the meeting of "Cl ent") and his attorney,. MI Esq., with Assistant United States Attorney o be held by video conference at the Office of the United States Attorney for the Southern Distri 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 directly or indirectly from the meeting for the purpose of obtaining evidence may be used in any prosecution of Client by the Gover brought against Client, the Government may use statements made t evidence obtained directly or indirectly therefrom for the purpos( Client testify; and (c) the Government may also use statements ma rebut any evidence or arguments offered by or on behalf of Client issues raised sun sponte by the District Court) at any stage of the c bail, all phases of trial, and sentencing) in any prosecution brought may use information derived cads to other evidence, which anent; (b) in any prosecution y Client at the meeting and all of cross-examination should le by Client at the meeting to including arguments made or iminal prosecution (including 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{ Dates of Continuation 1 027 202-0 7 a Initials of cow set, Client, AlJSA, witness 01.142019 EFTA00015012