Views from Across the Table:  A Head Prosecutor, Defense Attorney and a Witness Discuss Logistics for Government Proffers

The decision to go to the government and proffer is a risky one for defendants.  What goes into the calculation and what can defense counsel do to ensure that the witness is prepared?  How do prosecutors approach the proffer?  The FCPA Report had a candid conversation with people who sat on all sides of the table during an FCPA case to gain insight into the proffering process and effective strategies defendants can use to create a successful proffer.  Then-head prosecutor, Billy Jacobson, now a partner at Orrick; the defendant, Richard Bistrong, who now operates anti-corruption consulting company Front-Line Anti-Bribery; and Bistrong’s attorney Brady Toensing, a partner at diGenova & Toensing, describe how the proffer sessions unfolded from their perspectives.  See also “Comparing and Contrasting Three FCPA Experts’ Advice on Negotiating FCPA Settlements,” The FCPA Report, Vol. 3, No. 17 (Aug. 20, 2014).

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