What is a CFTC Attorney Proffer?

Sometimes called “queen for a day,” proffers are agreements between federal enforcement attorneys and individuals under investigation permit these individuals to tell the government about their knowledge of facts, with the supposed protections against them in any later proceedings.

Attorney proffers are different, and are when attorneys talk to the government without your client present. It’s usually the step before a client proffer since it gives the government a way to learn what your client will say down the road without having to negotiate all of the immunity issues and lay a base of information. It also gives the lawyer a chance to influence the government’s view of your client. During an attorney proffer, the attorneys will make a of presentation to the prosecutor but you’ll also answer prosecutor questions.

Like any proffer, potential risks are associated with attorney proffers. The largest risk is expanding an investigation. Unknowns exist because government investigations are inherently confidential, so there is a risk of over-informing. 

Braden Perry, as part of Kennyhertz Perry’s Government Enforcement practice group, represents individual and corporate clients faced with the increased use of criminal enforcement to address business practices, including proffers. Mr. Perry brings his enforcement experience as well as his substantial prior experience in white collar criminal defense practice, and as a firm, we represent corporate clients and individual officers and directors at every stage of government investigations and enforcement actions – including white collar criminal matters – initiated by state and federal agencies, including the Department of Justice, SEC, CFTC, and FINRA.

About Braden Perry

Braden Perry is a litigation, regulatory and government investigations attorney with Kennyhertz Perry, LLC. Mr. Perry has the unique tripartite experience of a white collar criminal defense and government compliance, investigations, and litigation attorney at a national law firm; a senior enforcement attorney at a federal regulatory agency; and the Chief Compliance Officer/Chief Regulatory Attorney of a global financial institution. Mr. Perry has extensive experience advising clients in government inquiries and investigations, particularly in enforcement matters involving emerging or novel issues. He couples his technical knowledge and experience defending clients in front of federal agencies with a broad-based understanding of compliance from an institutional and regulatory perspective.

About Kennyhertz Perry, LLC

Kennyhertz Perry, LLC is a business and litigation law firm representing clients in highly regulated industries. The firm was founded by two veteran Kansas City attorneys, John Kennyhertz and Braden Perry. To learn more about the firm, visit kennyhertzperry.com.