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Federal General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to the Federal Prison & the Criminal Justice System that do not fit into any other Federal sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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Old 04-24-2019, 07:14 AM
Remorseful900 Remorseful900 is offline
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Default Cooperation 5k1

If your cooperating with the government and if they say they are going to give you x amount of points (downward variance)
But let’s say their are co conspirators that your giving information about that the government does not know about or does not have much information about

Does anyone know if the government fails to gather enough evidence on others that you provided that the points they said they were going to give you will go away

I am just afraid that others involved in something are smarter than me and they will not get caught and the government will punish me more because of this
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Old 04-24-2019, 11:51 AM
de8er de8er is offline
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Originally Posted by Remorseful900 View Post
If your cooperating with the government and if they say they are going to give you x amount of points (downward variance)
But let’s say their are co conspirators that your giving information about that the government does not know about or does not have much information about

Does anyone know if the government fails to gather enough evidence on others that you provided that the points they said they were going to give you will go away

I am just afraid that others involved in something are smarter than me and they will not get caught and the government will punish me more because of this
Thankfully it's been a while since I had to think about this, but I'll try to give you what I remember. Generally, these discussions about wanting the prosecution to write a 5K1.1 motion start with doing a proffer session. That motion is written at sentencing, it is not an agreement for the amount of points they will knock off. It's a motion that asks the judge for a downward departure from the guidelines but in the end, it's all up to the judge.

Even if you do proffer, you do not have a guarantee of anything from the government. The only way to get something guaranteed is to come to an agreement between you and the government.

As always, you need to have a discussion about proffering with your counsel. Proffering can open you up to all sorts of things if you start and don't remain truthful or start and stop. By proffering, you are essentially giving up the possibility of a trial.
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Old 04-24-2019, 06:23 PM
rockchalk1 rockchalk1 is online now
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Originally Posted by de8er View Post
Thankfully it's been a while since I had to think about this, but I'll try to give you what I remember. Generally, these discussions about wanting the prosecution to write a 5K1.1 motion start with doing a proffer session. That motion is written at sentencing, it is not an agreement for the amount of points they will knock off. It's a motion that asks the judge for a downward departure from the guidelines but in the end, it's all up to the judge.

Even if you do proffer, you do not have a guarantee of anything from the government. The only way to get something guaranteed is to come to an agreement between you and the government.

As always, you need to have a discussion about proffering with your counsel. Proffering can open you up to all sorts of things if you start and don't remain truthful or start and stop. By proffering, you are essentially giving up the possibility of a trial.
As a side note here, even if you have an agreement with the government for a sentence, it is ultimately up to the judge as to what he/she sentences you to. The government in their sentencing memo will state how cooperative you were and if a downward departure is warranted or not. They may view your cooperation not to be significant. My husband cooperated with the government, but they found that they couldn't use anything he gave them because the SOL had expired already and the loss they could charge those people with wasn't great enough to the gov, thus they didn't deem the information useful enough. They then also claimed at the sentencing hearing that he didn't offer to cooperate until way after he was indicted and ready to take a plea, which wasn't the case. He tried to cooperate way sooner in his case, but they didn't want to talk to him. They actually never spoke to him in their entire investigation period, until his second lawyer finally got the sit down with them at this point. So, bottom line, don't trust the government unless you do have the proffer in writing. They only care about getting their guy. If your information helps lead to a conviction then you can get a lower sentence, yes, but again, it can be based on a recommendation of the prosecution if it leads to a conviction.

Good luck.
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Old 04-24-2019, 09:49 PM
worldwide worldwide is offline
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Each situation is different. However, to try and answer your question as directly as possible. If your cooperation leads to indictments, convictions etc then the AUSA files a motion asking for a certain reduction in your points or a certain percentage off your sentence (depends on the district) If the cooperation you provide leads to nothing you are unlikely to have a 5k1 filed The greater the cooperation which leads to others being indicted/convicted the more time the govt will ask to be taken off your sentence. IE: if you testify against the mob and put a mobster away for life you are going to get a huge sentence reduction. If you simply provide information or evidence against others who are not big fish you will get a smaller percentage of your sentence reduced.
In your case, if you have provided information and the govt is still investigating others, they have not been caught yet or working on indictments then they may not file a 5K1 at sentencing. However after you are sentenced if/when the others are indicted/convicted/caught they can then file a motion to have your sentenced reduced. I believe its called a rule 35 but I could be wrong. The problem with this is you may have already finished your sentence by the time they catch the other people or, so much time may have passed they can not file the motion or choose not too. Additionally, you may be incarcerated and, your lawyer may not be on top of it. The Govt. does not like to hand out sentence reductions and many times you have to prod them to get them to file the motion
Regardless of whether they file a 5k1 make sure and have your attorney tell the judge how cooperative you were with the govt.
One other tactic is if you or your atty think the govt is close in arresting the people you cooperated against or close to an indictment you can file a motion with the Judge to have your sentenced delayed a number of months. This way you are given your reduction at sentencing. The Govt may go along with this delay as they want you out so you can testify at trial if they need you to.
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