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Robert J. Anello and Richard F. Albert Robert J. Anello and Richard F. Albert

One of the frequently used tools in a white-collar defense attorney’s kit—the attorney proffer of facts on behalf of a client—is not uniformly defined and will often proceed without any written or express oral understanding as to what ground rules apply. Unlike client interviews, which typically are governed by a written proffer or so called “Queen for a Day” agreement that provides the client certain limited but defined protections against his or her statements being affirmatively used in a later proceeding, federal prosecutors generally pronounce no formal policies regarding attorney proffers.

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